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H4 to F1 conversion with a H1b rejection in between. will it be a problem during my F1 visa interview & stamping process?

Richmond, VA |

I came to usa on H4 in sept 2012 and in 2013 april i applied fr h1 through an employer but it got rejected in november aftr RFE.This yr again in april 2014 i applied through another employer but it dint get picked in lottery. Neither has the packet been sent back. Now I got a college admit for FALL 2014. I am going to India next week for visa interview and stamping so dat i can come back on F1 visa.

1. What are my chances of approval, will they question me on my prev H1 rejection and why suddenly F1?If they do, what should be my response?
2. If by chance they reject the visa, can I still come back on H4 ( my new H4 has not been stamped after my husband got his H1b renewed & extended)
3. What are the set of documents to carry for the visa interview for converting from H4 to F1?

Thanks!

Attorney Answers 3


  1. Best answer

    Initially I need to point out that you can attend school on an H-4.

    If you're thinking that the F will be a 'neat' way to get a CPT/OPT work permit ... think again. The F requires non-immigrant intent, the H doesn't.

    Plus, the US Consular Posts in India are notorious for putting applications into 'administrative processing' for months, and MONTHS.

    1. I think your chances are slim ... not because of the H denial, but because of possible immigrant intent issues.
    2. If you don't have an H-4 stamp, you will need to apply for one. Again, the H-4 makes much more sense than the F.
    3. Proof of financial ability plus non-immigrant intent. (ie: proof that you own a home in India, that you and your husband are not being processed for a PERM labor certification ... etc)

    Talk to a lawyer before going down the F visa path.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. 1) An attorney will not help tutor an answer for you
    2) H-4 will not necessarily be voided due to your F-1 application
    3) Look up the Consulate's website. Each website very clearly mentions a list of documents to bring at the interview.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  3. 1. Impossible to predict. Yes, they will question you on that. You cannot expect an attorney to coach you on that here, on a free internet consultation..
    2. Your chances of having an H-4 visa approved will not be cancelled or diminished as a result of you filing for an F-1 student visa. If you can convincingly prove the bona fides of your marriage, then it should be approved.
    3. Read the instructions on the particular US consulate/embassy's website. Those websites list in details the documents one is expected to bring to the interview.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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