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F1 to H4 stamping

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  • F1 to H4 stamping

    I have been on F1 visa for last four years. I was on post completion OPT after masters in 2013 and 2014. My H1b did not get selected in 2014, so I took admission into a doctoral program. I worked on pre-completion OPT for another year. Currently my H1b is in process, in COS, and I no longer wish to continue to work for that employer. Therefore, I want to go on H4, so that I can apply for H4 EAD. I read at several places that the fastest way to convert from F1 to H4 is go outside of the country and get stamped. My question is,
    In this scenario, would there be any chances of H4 rejection?
    Would the officer ask me anything about H4 EAD (as my husband has I140 approved)?
    Would there be any problem related to my H1b which is process? what would be the best answer if asked why I abandoned the H1b COS?
    I am still into my doctoral program, would that be a problem while stamping?
    Do I need my DSO's signature on the I20?
    I have my maiden name in the passport and I am not planning to change it to my husband's last name, would that be a problem?

    FYI-Other than that I do not see any possibility of rejection, as my husband has a stable job in US, has h1b stamped, and we have been married for 3 years, and have been living together in the US since then.

    Any help will be greatly appreciated.
    Thank you in advance!

  • #2
    I have been on F1 visa for last four years. I was on post completion OPT after masters in 2013 and 2014. My H1b did not get selected in 2014, so I took admission into a doctoral program. I worked on pre-completion OPT for another year. Currently my H1b is in process, in COS, and I no longer wish to continue to work for that employer. Therefore, I want to go on H4, so that I can apply for H4 EAD. I read at several places that the fastest way to convert from F1 to H4 is go outside of the country and get stamped. My question is,

    In this scenario, would there be any chances of H4 rejection?
    >>> Not for what you have described.

    Would the officer ask me anything about H4 EAD (as my husband has I140 approved)?
    >>> Probably not. But what if they ask you. H4 EAD is not a crime.

    Would there be any problem related to my H1b which is process? what would be the best answer if asked why I abandoned the H1b COS?
    >>> There will be no such question. If you decide to leave and return back on H4 visa, then you should return back only after a decision is made on your case. If not, if the H1B COS gets approved after your return back in H4 visa, your status will change to H1B and you should be working for that employer.

    I am still into my doctoral program, would that be a problem while stamping?
    >>> Nope.

    Do I need my DSO's signature on the I20?
    >>> Not for H4 visa.

    I have my maiden name in the passport and I am not planning to change it to my husband's last name, would that be a problem?
    >>> That is not a problem for H4 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      If I travel outside of US, abandon my COS request, but not my H1b petition?

      Comment


      • #4
        H1B might get approved for consular process. COS will get abandoned. Sometimes the COS can go through. That is what it is advisable to return back only after getting the decision.

        Originally posted by ASU8 View Post
        If I travel outside of US, abandon my COS request, but not my H1b petition?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          H1B might get approved for consular process. COS will get abandoned. Sometimes the COS can go through. That is what it is advisable to return back only after getting the decision.
          What happens if I come back before approval of H1b, and my H1b gets approved through cos? will my h4 status be invalid? is there any way I can be on H4 again?
          Also I am not sure, if there was an option to add visa applications in Ds160, but I completely missed on mentioning my H1b in process in that application. I have only mentioned my F1 approval... would that affect anything?

          Comment


          • #6
            What happens if I come back before approval of H1b, and my H1b gets approved through cos?
            >>> If you do that you will be completely clueless without knowing whether you are in H1B or not. Never advisable. Technically H1B should not get approved with a new I-94. If it did, you will be in a status mess since you left U.S during it processing. Not advisable.

            will my h4 status be invalid? is there any way I can be on H4 again?
            >>> Return back in H4 visa after a decision is made on your H1B. That is the only way to make sure that you are for sure in H4 status.

            Also I am not sure, if there was an option to add visa applications in Ds160, but I completely missed on mentioning my H1b in process in that application. I have only mentioned my F1 approval... would that affect anything?
            >>> That is not an issue.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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