Any complications for H4 to F1 stamping for School after OPT?

[kjamestp]

I have my H4 to F1 petition approved. The Visa is yet not stamped in passport. Graduated in dec'13,now on OPT which expires on Dec'14.Planning to get admitted in new school after OPT.Course will start in Jan'15.Wud like to know if there are any complications if i were to go to INDIA and stamp the visa with the new I-20. The SEVIS will be updated witht he new I-20.

 

james

[rahul412]

I have my H4 to F1 petition approved. The Visa is yet not stamped in passport. Graduated in dec'13,now on OPT which expires on Dec'14.Planning to get admitted in new school after OPT.Course will start in Jan'15.Wud like to know if there are any complications if i were to go to INDIA and stamp the visa with the new I-20. The SEVIS will be updated witht he new I-20.

 

james

No problem, you are good to go.

[F1struggle]

No issues

You can go even now during your OPT. The visa that you will receive may be used for entry even in the new school. Good luck

[MurthyIndia_Lawyer]

From your question, it is not clear if you are going in for a second master’s program. If this is the case, one would have to justify the need for a second master’s and how this will help the applicant in his/her career. If the program is a PhD, then it may be comparatively easier to establish the need for continuation. It is also important to understand the student visa applicants are subject to the presumption of immigrant intent under Sec. 214(b) of the Immigration and Nationality Act. So, the purpose of education, funding and the application of knowledge may have to be clarified to facilitate a visa issuance.

[kjamestp]

From your question, it is not clear if you are going in for a second master’s program. If this is the case, one would have to justify the need for a second master’s and how this will help the applicant in his/her career. If the program is a PhD, then it may be comparatively easier to establish the need for continuation. It is also important to understand the student visa applicants are subject to the presumption of immigrant intent under Sec. 214(b) of the Immigration and Nationality Act. So, the purpose of education, funding and the application of knowledge may have to be clarified to facilitate a visa issuance.

Hi MurthyIndia,

Yes I am going for a Second Masters in a different major so that i can retain my F1 status after OPT and work in the next CPT untill the H1 visa is approved( hopefully).

[kjamestp]

No issues

You can go even now during your OPT. The visa that you will receive may be used for entry even in the new school. Good luck

Yes, its just that i will get vacation leave only in december and that is when my OPT expires. So in short, i will be going for stamping with the OLD F1 petition approval notice with a new I20. Hope that is fine.

[rahul412]

Hi MurthyIndia,

Yes I am going for a Second Masters in a different major so that i can retain my F1 status after OPT and work in the next CPT untill the H1 visa is approved( hopefully).

You cannot work on CPT. Forget about working on CPT or you have to forget US forever. Do you know why universities are raided by immigration officers?

 

If you want to go to school then go for master's else go for H1 in order to work in US legally. But not CPT.

[JoeF]

Hi MurthyIndia,

Yes I am going for a Second Masters in a different major so that i can retain my F1 status after OPT and work in the next CPT untill the H1 visa is approved( hopefully).

 

Actually, an F1 is for studying, not for working.

Enrolling in some shady college to get CPT is likely to kill your future career in the US.

Abuse of CPT is nowadays a big red flag for USCIS.