COS (H4 to F1) vs Stamping from India

[vabii12]

Hi,

 

I have few questions regarding my wife's change of status application (H4 to F1). We applied for COS in January and haven't heard anything from USCIS yet. I called them last week and was told to wait 30 to 45 days. My wife is planning to go to India now (she had no plans initially when we applied this).

1. Does it make sense to wait for COS now? I am thinking of cancelling this COS and then she can travel to India and apply for F1 visa from there.
   
2. If she waits for this COS result and gets F1, would she have an advantage when she would go for stamping in India?
   

Thank you.

[jairichi]

1. Traveling when a decision is pending will automatically cancel her COS petition. She can apply for a F1 visa without any issue.

2. No advantage.

[rahul412]

1. Yes, that doesn't make any sense. Withdraw the application and get your visa from US consulate

2. Nope.

[vabii12]

Thank you all. For some stupid reason I was thinking stamping F1 in India would be just a matter formality if she gets F1 approved here in USA.

 

I would also like your opinion on another thing related to my wife's visa. I would probably get I-140 approved in another 3-4 months. Do you all think H4-EAD would be a better option instead of F1 and OPT. When we applied for COS, the H4-EAD rule wasn't in place.

 

Thanks.

[rahul412]

Yes H4 EAD will be the best for her.

[jairichi]

Thank you all. For some stupid reason I was thinking stamping F1 in India would be just a matter formality if she gets F1 approved here in USA.

 

I would also like your opinion on another thing related to my wife's visa. I would probably get I-140 approved in another 3-4 months. Do you all think H4-EAD would be a better option instead of F1 and OPT. When we applied for COS, the H4-EAD rule wasn't in place.

 

Thanks.

An OPT will allow her to work for a job related to her degree. But, on a H4 EAD she can do any work whether or not related to her degree.

[vabii12]

Thank you guys. We have decided to cancel the current COS application. Do we need to call USCIS to cancel the COS or leaving the country would be enough? Most probably, we would go with H4 EAD, but I don't want USCIS to cancel the SEVIS, just to keep my options open.

 

Thanks again for the suggestions.

[jairichi]

Thank you guys. We have decided to cancel the current COS application. Do we need to call USCIS to cancel the COS or leaving the country would be enough? Most probably, we would go with H4 EAD, but I don't want USCIS to cancel the SEVIS, just to keep my options open.

 

Thanks again for the suggestions.

Exiting the country is enough. But, if not interested to travel then contact USCIS to withdraw petition.