H4 to F1 stamping with COS pending


sameer_k

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Hello,

 

My wife is on H4 visa. She is doing her Master's. She got enrolled for Master's in Spring 2016.

 

We applied for COS from H4 to F1 in January 1016.

 

For some family emergency she had to go to India in February for 2 weeks. As my H1B had expired in October 2015 (I have got H1B extension), her H4 was also expired and so she had to go for stamping in India. As she went to India for only 2 weeks, we didn't go for F1 stamping that time. (As chances of H4 to F1 rejection is higher and she didn't had much time in India).

 

So she got her new H4 visa stamped in India based on my H1-B extension till September 2018.

 

Now we will be going to India in June for a month and we will try for F1 stamping in India that time.

 

So I have few questions regarding it.

 

1. If her F1 stamping gets rejected, can she come to USA on existing H4 visa (which is valid till September 2018)? Or she has to go for H4 stamping again? 

 

2. Also while we are in India, if her COS gets approved/denied by USCIS, does this affect her existing H4 status? Means if her COS for H4 to F1 gets approved, but her F1 stamping gets rejected, what happens to her H4 status in that case? Do we need to go for H4 stamping in this case?

 

 

Please reply.

 

Thanks. 

 

 

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