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Regarding F1 Visa

Herndon, VA |

Hello,

I am on H1B Visa and My wife came to US on H4(dependent) visa. she got converted to F1 and got approved last Oct-2013. Enrolled as Full time student from Spring 2014. Last month she went to India on vacation. Her Visa got rejected for F1 back in India. Last week she came back on H4 which is still valid.

Questions:

What options she has to get back to F1. Is that her Sevis will be still Active or not.
Is she has to re-apply again for change of status from H4-F1?
If yes, What will be chances to get approved for F1 from USCIS.

Let me know, if you need any more information.
Please help me.

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Attorney answers 1

Posted

Her school's will be able to confirm her status in SEVIS. She will need to have a change of status H-4 to F-1 to be able to be in F-1 status (if she needs this status).

Attorney Khurgel is a former USCIS and State Department Embassy Officer. His comments on Avvo are general advice, and do not constitute an attorney-client relationship.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Her school's *DSO*.

Asker

Posted

Thanks for your comment. If SEVIS is Active the what will be the procedure to re apply?

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Generally Form I-539 is used, but there are a number of issues that you would need to address in a discussion with an attorney before knowing for certain whether she is eligible.

Asker

Posted

Hello Jeff, This is what the DSO has replied on her SEVIS "Your SEVIS record is currently active and your change of status shows as approved. As far as your current status, the information we have has not changed." Is F1 is still Active? And cont. to study on F1