F1-H4 question


sunkaval

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Here is the situation:


 


1. She tried for F1 visa stamping last year and it got rejected so came to US on H4


2. Re-applied for F1 but discontinued studies due to personal reasons and shifted back to H4


3. After 1 year got a notice from immigration that F1 petition has been approved (NOT A VISA)


 


Question - Should she act on it or just ignore as she has a valid H4 now?


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How did she shift back to H4 when she was already on H4? If F1 petition was processed and approved she has to apply for COS to H4.

 

1. She initially got rejected for F1

2. Went for H4 stamping and entered U.S.

3. While she was pursuing college she applied for COS to F1 again but discontinued studies

4. Now USCIS sent a notice that F1 petition got approved 

 

We were thinking that F1 petition will be cancelled once she discontinued education. Please let us know if we need to act on it.

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1. She initially got rejected for F1

2. Went for H4 stamping and entered U.S.

3. While she was pursuing college she applied for COS to F1 again but discontinued studies

4. Now USCIS sent a notice that F1 petition got approved 

 

We were thinking that F1 petition will be cancelled once she discontinued education. Please let us know if we need to act on it.

File for a COS to H4 as it is not automatic.

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Her latest I94 which has the same date as that of receipt date says she came back on H4

The F1 approval notice most likely has a new I-94. That's the one that counts, and that's why she now is in F-1 status, and has to file a COS to H4.

If the F1 approval notice didn't have an I-94 at the bottom, then she still would be in H4 status.

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The F1 approval notice most likely has a new I-94. That's the one that counts, and that's why she now is in F-1 status, and has to file a COS to H4.

If the F1 approval notice didn't have an I-94 at the bottom, then she still would be in H4 status.

 

That is what confuses me. Here is how it is:

 

If I pull up her latest I-94 record based on her re-entry in to U.S. on 2/10/15 it says her status is H4

The I-797A issued also has a different I-94 number with F1 status starting from 2/10/15

 

I am changing my employer (under LCA determination right now) and have informed the same to attorneys. Based on the above situation, do you think they need to file F1 - H4 COS or just a H4 transfer?

 

I expect the filing to happen next week. Please help.

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