Query - F1 Stamping

[vishad]

I came to the US on tourist visa and changed my status to F1 visa under a community college admission for associates degree, after 3 years, I received two associates degrees. worked on opt once as well. then i moved to another college for my undergrad and have been studying there. it has been close to 6 years since i came to this country and haven't been back. I want to go this summer to get my stamping done as I still have at least 3 more sems to graduate. I just wanted to know if there is a risk for me or it can be stamped? Should I go to India or Canada for the stamping. will there be issues? please help.
I have never been out of status. I also would like to know what paperwork I should take.

[qesehmk]

vishad - welcome to forum. Wish you well.

There is always risk in any stamping F1 or H1.

Recently there was a discussion on this board about stamping in Mexico / Canada and how one can get reentry into US without a visa.

In other words you can try to get an F1 in Mexico / Canada and if it dosn't work out then still come back and continue your status.

Just search the forum.

Anybody else if you remember the topic please help Vishad.

All the best. I can imagine how it must be to stay away that long...

Q

I came to the US on tourist visa and changed my status to F1 visa under a community college admission for associates degree, after 3 years, I received two associates degrees. worked on opt once as well. then i moved to another college for my undergrad and have been studying there. it has been close to 6 years since i came to this country and haven't been back. I want to go this summer to get my stamping done as I still have at least 3 more sems to graduate. I just wanted to know if there is a risk for me or it can be stamped? Should I go to India or Canada for the stamping. will there be issues? please help.
I have never been out of status. I also would like to know what paperwork I should take.

[vishad]

thank you so much for the information! Guru!
I would appreciate any updates/info from anyone. It's been a while and i need to make a trip to India now.

[imdeng]

Vishad - it is generally recommended to get the first visa stamp in the home country. Mexico/Canada are best used for renewals of visa. You have a complicated case - so don't just rely on Internet research - get some professional opinion.

The biggest issue is that F1 is not dual intent, so you need to show that you intend to go back to India after your studies. I am not current on what is happening with visa stamping risks - but it does seem like it would make sense to finish your degree, get a job, shift to H1B and then travel outside the country. H1B is dual intent and should not cause much issue.

I came to the US on tourist visa and changed my status to F1 visa under a community college admission for associates degree, after 3 years, I received two associates degrees. worked on opt once as well. then i moved to another college for my undergrad and have been studying there. it has been close to 6 years since i came to this country and haven't been back. I want to go this summer to get my stamping done as I still have at least 3 more sems to graduate. I just wanted to know if there is a risk for me or it can be stamped? Should I go to India or Canada for the stamping. will there be issues? please help.
I have never been out of status. I also would like to know what paperwork I should take.

[ayshi123]

Hello,
I joined the forum just to post my queries on this particular thread.
I am in the same boat. Came here on H4, got COS to F1. I am enrolled for MBA degree and got 3 more semesters to go for. But now I have to visit India for some important work. From various discussion threads I have understood that one has to get stamping done on passport to re-enter US. But the big question is what are the chances of application to get rejected? Should I apply online at US embassy for Student Visa or there is a category for COS (since I have paid so much fees already to get this F1 here)
I would really appreciate if people who are visiting this page, provide me with relevant answers as per their experiences or knowledge on this topic.
Thanks!

[qesehmk]

Hello,
I joined the forum just to post my queries on this particular thread.
I am in the same boat. Came here on H4, got COS to F1. I am enrolled for MBA degree and got 3 more semesters to go for. But now I have to visit India for some important work. From various discussion threads I have understood that one has to get stamping done on passport to re-enter US. But the big question is what are the chances of application to get rejected? Should I apply online at US embassy for Student Visa or there is a category for COS (since I have paid so much fees already to get this F1 here)
I would really appreciate if people who are visiting this page, provide me with relevant answers as per their experiences or knowledge on this topic.
Thanks!

Welcome Ayshi - I am in a hurry so will quickly answer what I can...

#1 - Stamping - Absolutely yes unless you are going to Canada or Mexico. With canada and mexico you can come back just on your I-20.
#2 - Chances of being rejected - depends on individual. Generally speaking people already residing in US have minimal chances of rejection unless there is fraud/ish behavior invlved.
#3 - While coming back there is no COS. You need a visa from an Embassy abroad. Any country you can stamp in ... but some people on forum feel better to get it done in your home country (in this case India).

All the best!

[Jagan01]

Hello,
I joined the forum just to post my queries on this particular thread.
I am in the same boat. Came here on H4, got COS to F1. I am enrolled for MBA degree and got 3 more semesters to go for. But now I have to visit India for some important work. From various discussion threads I have understood that one has to get stamping done on passport to re-enter US. But the big question is what are the chances of application to get rejected? Should I apply online at US embassy for Student Visa or there is a category for COS (since I have paid so much fees already to get this F1 here)
I would really appreciate if people who are visiting this page, provide me with relevant answers as per their experiences or knowledge on this topic.
Thanks!

Hi,

My wife was in a similar situation and we decided that it is better not to go to India. Rejection on F1 visa is unlikely but again there is no guarantee. So you need to evaluate your situation.

Below are the few points that made us decide not to go to India.
1. I was paying for my wife's education. You mention this on your I-20. Family funds, Personal funds, etc. You would have sent some bank statements.
2. Since, I was sponsoring her MBA, the question would have come up during F1 stamping as to who is paying.
3. More importantly, I had filed I-140 application and established immigrant intent. The worrisome part was that the sponsor had established immigrant and spouse of the sponsor is appearing for non-immigrant visa. This is a discrepancy on its own.

There are situations, and possible explanations, where candidate can say that F1 is required if I want to accept student assistantship. That is the main reason we wanted to move to move to F1.

It is a matter of your risk appetite.

In your case, I would say that you stand better chance to get stamping done. You have 3 more semesters left, and even in case of rejection you can comeback on H4 and again convert using COS. Here is my opinion:
- Go for stamping if you have more than 2 semesters left (eventually 2 semesters is required to get OPT). Worst case would be that you might miss out on CPT.
- Do not go if you have less than 2 semesters left

I am just giving an opinion. The final decision should be taken by you after considering your situation.

[ayshi123]

Hi,

My wife was in a similar situation and we decided that it is better not to go to India. Rejection on F1 visa is unlikely but again there is no guarantee. So you need to evaluate your situation.

Below are the few points that made us decide not to go to India.
1. I was paying for my wife's education. You mention this on your I-20. Family funds, Personal funds, etc. You would have sent some bank statements.
2. Since, I was sponsoring her MBA, the question would have come up during F1 stamping as to who is paying.
3. More importantly, I had filed I-140 application and established immigrant intent. The worrisome part was that the sponsor had established immigrant and spouse of the sponsor is appearing for non-immigrant visa. This is a discrepancy on its own.

There are situations, and possible explanations, where candidate can say that F1 is required if I want to accept student assistantship. That is the main reason we wanted to move to move to F1.

It is a matter of your risk appetite.

In your case, I would say that you stand better chance to get stamping done. You have 3 more semesters left, and even in case of rejection you can comeback on H4 and again convert using COS. Here is my opinion:
- Go for stamping if you have more than 2 semesters left (eventually 2 semesters is required to get OPT). Worst case would be that you might miss out on CPT.
- Do not go if you have less than 2 semesters left

I am just giving an opinion. The final decision should be taken by you after considering your situation.

Thank you so much on your insight over this matter. I agree there is a risk involved.
Here is my question, unlike your wife's case, my studies are being sponsored by my sister who holds a green card here. Does that make my chances of getting the stamping done without questions being raised on immigration?
And do I have to go through the usual F1 visa appointment at the US embassy in India? Any idea about this?
I appreciate your inputs and opinion. Thanks again!

[Jagan01]

Thank you so much on your insight over this matter. I agree there is a risk involved.
Here is my question, unlike your wife's case, my studies are being sponsored by my sister who holds a green card here. Does that make my chances of getting the stamping done without questions being raised on immigration?
And do I have to go through the usual F1 visa appointment at the US embassy in India? Any idea about this?
I appreciate your inputs and opinion. Thanks again!

1. You need to go for F1 visa appointment
2. What is your Husband's visa status. Has he had immigrant intent established ?

I would say answer to question # 2 is critical to the amount of risk involved.