I have changed my status from H4 to F1 & going to India to get my F1 visa stamped? If F1 is rejected can I still come back on H4

Asked almost 2 years ago - Rochester Hills, MI

I am planning to visit India in June and by then I would have completed all my courses but left only with thesis. Will that be a problem when getting F1? My husband has not applied for green card.
In case my F1 gets rejected, will I still be able to apply for H4 and come back on H4. My H4 is also not stamped yet since my husband recently switched jobs and we got a new I-797..

Attorney answers (2)

  1. Haroen Calehr

    Pro

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . Well, if your F-1 visa application gets rejected, you can theoretically still apply for an H-4 as a lawful dependent of an H-1B as long as you can proof his current valid status and your valid relationship to him, i.e that you are married. Of course, having a previous denial, depending also on the reason for denial of your F-1 visa (hypothetically as in your fact scenario) is not a helpful condition but it ought to not in general terms prohibit you from re-applying for a totally different visa, i.e. H-4.

  2. Carlos E Sandoval

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree with the previous answer.

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