Regarding H4 to F1 status change and stamping of F1

Quote:

Originally Posted by Century

Hello all,

I need help in understanding right procedure for visa stamping. Currently I am on H4 visa which is valid through 2014. I have submitted application to USCIS for status change to F1 in June which will take 2-4 months to get approved. If I travel to India with approved F1 status and valid H4 visa, which one should I use to reenter the country? Do I have to go for F1 visa stamping in India or I can travel on H4? I would prefer to travel back on H4 but I don't know the legal issues that are involved. Please inform me of the right procedure.

Thanks all,

Century

Century,

If you travel to India when the H4-F1 COS is still pending, the COS application will be considered abandoned.

Regardless of the above, if you return to the USA using an H4 visa, you will be in H4 status again. Another COS would be required to regain F1 status.

After the H4-F1 COS that is currently pending is approved, if you wish to travel and return in F1 status, you will need a F1 visa in your passport.

Edit:- I'm reminded that a future dated COS may allow travel without an F1 visa between the date of the COS approval and the COS effective date, but you have not given enough information to say whether that may be applicable.