Need immediate response regarding F1 stamping for my wife. please help

[manu_capri]

Hello All,

 

Currently I am on H1B visa and my employer has initiated the GC process for me. I got an RFE on my I-140 application which my employer will be responding to in few weeks. I have few questions/concerns regarding my wife's F1 stamping as she joined UConn to pursue her Masters. Currently she is on H4 visa and we are planning to go to India for my sister's wedding in March 2016, so thought to get her F1 stamping done at that time. Reason behind getting F1 stamping done is to avail the benefits of student visa and she get the summer internships. I am not sure how long it is going to take for my 140 to be approved so that I can file H4 EAD for her, so i thought we can go for F1 stamping. I can also apply for COS from H4 to F1 but her college's international student office told that it will take minimum 7-8 months to get the status change but once you leave the country that status would void. So my questions/concerns are :

1. Is it good and safe to get her F1 stamping done in India while we are there for my sister's marriage ? Does my GC process will affect her stamping ?

2. As we will be going in March 2016 and it will be mid of her 2 second semester, so is it allowed to get the F1 stamping done at that time ? 

3. Even if her F1 is rejected, would she be able to travel on her H4 visa ?  

 

I appreciate your help.

 

Thanks

[jairichi]

1. Yes, it is fine.

2. Yes, any time.

3. Yes, with a valid H4 visa and a copy of your I797.

[priyanka.sardey]

Hi ,

 

I need your suggestion regarding the following situation that we are facing. It would be great if you can provide any comments based on your experience .

 

“My husband is currently on H1B visa since 3 years in USA and I (Priyanka) am on H4 status since Nov 2014. Recently I got admission for MS in USA and I am planning to apply for change of status (COS) from H4 to F1. At the same time my husband is looking for new employer to initiate his green card application process.

The COS application document provided by my college states that “If your spouse has applied for a change of status to permanent resident, Your application will likely be denied if there is a pending application to change status associated with your spouse.”

 

What if I apply for COS first and then in next few days if my husband’s new company applies for H1B transfer (Premium) and then initiates the Green card application process, would there be chances of rejection for any one of us or both of us?  Will there be any negative impacts on getting approvals for respective applications (COS and Green Card)”

[GNH]

That only applies when your husband files for the AOS, which is the last stage of the GC process . That will be many years down the line if your husband is just starting with labor now . You are fine .