Travelling India on F1 visa, though visa stamped on H4 and not in F1

[priyanka_s]

I came to the US in Mar, 2012 on a H4 visa and have converted to F1 Visa on Sept, 2012 as I enrolled for a full-time Masters program. I intend to visit India in summer this year and do not have a F1 visa stamping. After summer I will be left with another semester to finish my coursework.
My question is that can my F1 visa get rejected if I am going for stamping in India, as my husband has already applied for a green card which is in process???

[qesehmk]

Priyanka - unfortunately the risk of F1 rejection is always there and one has to take it no matter what. If it is any consoling - my wife moved from F2 -> H4 -> F1-> AOS ->GC and of course it involved stampings in mumbai. i guess your worst case scenario is F1 rejection and then having to come back to US on H4 and continue the education. You of course can pursue education on H4. So the chances of F1 rejection are minimal IMHO.
I came to the US in Mar, 2012 on a H4 visa and have converted to F1 Visa on Sept, 2012 as I enrolled for a full-time Masters program. I intend to visit India in summer this year and do not have a F1 visa stamping. After summer I will be left with another semester to finish my coursework.
My question is that can my F1 visa get rejected if I am going for stamping in India, as my husband has already applied for a green card which is in process???

[priyanka_s]

Thank you for your reply. I wanted to know that in the event of F1 rejection in India, what are my chances of getting back to F1 status after coming back to the US on H4? I need an OPT after graduating in Dec, 2013 and would need to be on F1 for that. I was wondering if the prospect of COS from H4 to F1 decreases significantly if it has once been rejected in India. Also, is there a wait time before i can reapply for F1 once i am back here on H4?

[qesehmk]

Generally speaking status can be acquired without a visa. Visa is only a means for entry. So you can enter US on H4 assuming you stilll have that in your passport and then adjust status to another status. I am 99.99% confident that it is possible. But don't remember how my wife did it if at all. Sorry.


Thank you for your reply. I wanted to know that in the event of F1 rejection in India, what are my chances of getting back to F1 status after coming back to the US on H4? I need an OPT after graduating in Dec, 2013 and would need to be on F1 for that. I was wondering if the prospect of COS from H4 to F1 decreases significantly if it has once been rejected in India. Also, is there a wait time before i can reapply for F1 once i am back here on H4?

[dec2007]

" Thank you for your reply. I wanted to know that in the event of F1 rejection in India, what are my chances of getting back to F1 status after coming back to the US on H4? I need an OPT after graduating in Dec, 2013 and would need to be on F1 for that. I was wondering if the prospect of COS from H4 to F1 decreases significantly if it has once been rejected in India. Also, is there a wait time before i can reapply for F1 once i am back here on H4?"


I was just brainstorming on this issue...if you are afraid of F-1 rejection at India and worry about H4 to F1 conversion rejection back in US, then you have an option of coming to US on H4 and convert to F-1 after coming back to US....

what am I suggesting is, you don't have to go to F-1 stamping in India.

[flexan]

Hi Q,

I have a question. Could you please give me your opinion?

My wife is currently on OPT (expires on Jan 2014) and has H1B petition approved with effective start date of 10/01/2013. We are planning to travel out of country and re-enter before 10/01/2013. Can she exit and re-enter on F1 (OPT) status without interrupting her approved H1B? Thanks and appreciate your response.

[qesehmk]

flexan - I think it is possible. Dont see any issues. All the best.


Hi Q,

I have a question. Could you please give me your opinion?

My wife is currently on OPT (expires on Jan 2014) and has H1B petition approved with effective start date of 10/01/2013. We are planning to travel out of country and re-enter before 10/01/2013. Can she exit and re-enter on F1 (OPT) status without interrupting her approved H1B? Thanks and appreciate your response.

[flexan]

Ok. Thanks for the response Q. If she can enter without any issues, do you know what will happen to the I-94 on her H1B petition? I mean the question really is - when she enters the country, she will receive a new I-94 with OPT end date (if i'm not mistaken) which will contradict her existing I-94 on the h1b petition. Is that a possibility?

[qesehmk]

When she reenters she will get new I94 and that's her I94 until she starts using H1B.

Unless she actually starts using H1B - that I-94 is "dormant" (my word!).


Ok. Thanks for the response Q. If she can enter without any issues, do you know what will happen to the I-94 on her H1B petition? I mean the question really is - when she enters the country, she will receive a new I-94 with OPT end date (if i'm not mistaken) which will contradict her existing I-94 on the h1b petition. Is that a possibility?

[Spectator]

Hi Q,

I have a question. Could you please give me your opinion?

My wife is currently on OPT (expires on Jan 2014) and has H1B petition approved with effective start date of 10/01/2013. We are planning to travel out of country and re-enter before 10/01/2013. Can she exit and re-enter on F1 (OPT) status without interrupting her approved H1B? Thanks and appreciate your response.flexan,

Yes, that seems to be fine.

See these two articles.

Article 1 (http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/)

Article 2 (http://www.murthy.com/2013/04/08/h1b-transition-issues-international-travel/)

This article (http://www.murthy.com/2013/05/27/students-should-not-travel-during-cap-gap-period/) suggests problems if using Cap-Gap provisions, but I don't believe that applies in your wife's case. Do check if in doubt.

[flexan]

Thanks Spec for the article references.

[irajha]

I came to the US in Mar, 2012 on a H4 visa and have converted to F1 Visa on Sept, 2012 as I enrolled for a full-time Masters program. I intend to visit India in summer this year and do not have a F1 visa stamping. After summer I will be left with another semester to finish my coursework.
My question is that can my F1 visa get rejected if I am going for stamping in India, as my husband has already applied for a green card which is in process???

Hi,

I am in same situation as you have described here, I too want to visit India this Christmas. I have changed me H4 to F1. Please let me know if you visited India and went for stamping and how did it go? If you could share your experience, it will be great.

Thanks,
Ira