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Regarding H4 to F1 stamping at home country ?

Fremont, CA |

Hello,

My wife came to US on H4 and converted her visa from H4 to F1 (MS in Computer Science). She has done her first year(on F1) and now she is planning to visit India due to family emergency by taking summer break (NOW SHE ONLY LEFT WITH FINAL SEMESTER). Now she has to go for her F1 stamping. Below are my concerns regarding this,

What are the chances for her to get F1 stamped (Accept/Reject) ?
If her F1 is rejected she can come to US on H4 stamping without any issue, but once she is back to US on H4 she will apply for H4 to F1 again. Once her F1 is approved does she has to do her MS again for all the semesters or only the pending courses i.e, her FINAL SEMESTER ? In this case is she eligible for her CPT/OPT on new F1 visa?

Also please provide any other valuable suggestions
Thank you

Attorney Answers 2

Posted

Without knowing more about the academic subject of her studies, I would venture to say her chances of being approved for the F-1 visa are pretty good.
Let's not become pessimistic, Babu... There is no reason for that. Hope for good outcomes and only good will happen, don't you agree? But, yes, will be able to come back on H-4.
Only her remaining courses, i.e. the "final semester".
She will be eligible for OPT upon graduation on F-1 status.

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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2 lawyers agree

Posted

Talk to the DSO. She should be fine.

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.

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