Change of Status (H4-F1) vs Applying for F1 in India


Shanky_sid1234

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Hello All,

 

I am currently on H4 and I will be starting school in September this year. I have plans to go to India this December. My spouse is on H-1B which is valid till Oct 2016. I need to get an F1 VISA stamped as I might have to visit India next year as well. I am confused about the following two options:

 

1) Getting my Status changed to F1 in US and then getting the F1 VISA stamped in India this December.

 

2) Not changing my status to F1 and completing one semester on H4 VISA. Then going to India in December and applying for an F1 directly over there.

 

- Are these similar as far as the USCIS in concerned?

 

- I mean, will changing the status to F1 first and then applying for VISA stamping in India makes my chances better for the stamping?

 

Which one of the two options would you suggest?

 

Also I have heard conflicting opinions on whether the H4 visa gets null and void once the status is changed to F1 in US. I know that the H4 STATUS goes away once the status is changed , I am not too sure if the VISA on the passport is also considered invalid then.

 

Many thanks in advance!

Sid

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Jairichi,

 

Thanks for the reply. I was under the impression that getting your status changed to F1 and then going for stamping might make the case stronger as the VO would know that the status was changed in US. Is this not the case?

 

On the other case I would be applying for a VISA stamping after studying on H4 for one semester without changing the status. 

 

So as far as the VO is concerned, getting the status changed prior to the F1 stamping or studying one semester on H4 and then applying for F1 VISA means the same thing?

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Jairichi,

 

Thanks for the reply. I was under the impression that getting your status changed to F1 and then going for stamping might make the case stronger as the VO would know that the status was changed in US. Is this not the case?

 

On the other case I would be applying for a VISA stamping after studying on H4 for one semester without changing the status. 

 

So as far as the VO is concerned, getting the status changed prior to the F1 stamping or studying one semester on H4 and then applying for F1 VISA means the same thing?

Just because USCIS has approved your COS from H4 to F1 does not mean that US consulate has to issue an F1 visa. When you apply for a F1 visa at US consulate (even if you have a COS approved while in US) you must be able to justify why you need a F1 visa while you can continue your studies on H4.

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