Denied H4 to F1 in USA -HELP!

[survivor14]

Hi

 

My wife currently has H4 visa status and she is doing MS course which started in spring this year. We applied for COS from H4 to F1 while in USA. However while the processing wasnt complete, she unintenstionally travelled for a week to Canada with me for a conference.

When she returned with me , a new I94 was generated and therefore recently her COS was denied stating the following

 

"Title 8 of the Code of Federal Regulations (8 C.F.R.) 248.1(b) states in part,
A change of status may not be approved for an alien who failed to maintain the previously
accorded status or whose status expired before the application or petition was filed"

 

My question is whether to reapply again in USA and making sure she doent leave the country till processing is complete or is it better to go to India and try getting F1 stamping since her course has started only 4 months back.?

 

Please reply which type of application has a better chance of approval considering the previous denial.

 

Thanks in advance

[t75]

Don't say ridiculous things. You cannot "unintentionally" travel. She CHOSE to travel and void her application.
 

Stamping is faster.

[JoeF]

She can apply again in the US.

Any trip abroad cancels COS, of course.

[pontevecchio]

Why was AVR not used?

[JoeF]

Why was AVR not used?

 

I think it was used. She is in H4 status, and kept that status upon return from the trip abroad.

The COS to F1 was automatically canceled due to travel abroad. AVR has nothing to do with that. AVR doesn't keep a COS alive.