Need Advice. Should I go for H4 or F1 visa stamping? I have a CoS to H4 pending.

[piyush_er]

I filed a CoS from L1-b to H4 around 70 days back, which is still pending with USCIS. I need to travel to my home country due to some family emergency. I have also enrolled myself in a Master's program starting January 2018 as an International Student because I want to keep moving my career forward. I have also got an i-20 from the University. I understand I can study on H4 but I wish to hold an independent status and also take advantage of OPT and CPT programs.

Right now, I am really confused about following. Any advice is greatly appreciated -

1. My CoS is still pending and I am going to leave the Country. I understand the CoS will be abandoned and I need a visa to enter back. Would abandoning the CoS cause any issues in Visa Stamping?

2. Should I go for F1 stamping or H4?

3. If I go for F1 and it gets rejected, can I still go for H4 stamping? Would it complicate H4 stamping?

I am really worried and confused about which direction to take.

[inadmissible]

If you don't qualify for F-1 (eg you don't overcome the presumption of immigrant intent) you can still get H-4

[piyush_er]

If you don't qualify for F-1 (eg you don't overcome the presumption of immigrant intent) you can still get H-4

Hi,

Are you saying that i should go for F1 and if denied, go for H4?

[inadmissible]

If you're not saving money by going to school on H-4, you should consider getting your own F-1 status. (Most graduate level programs charge similar tuition for in-state students, not all school systems recognize H-4 visa holders as residents, and there are residency requirements you may not meet)

With your own status, you are hedged against the risk your spouse might lose their job and jeopardize your continuity of studying. Your spouse will be able to change status to F-2 and comfortably spend time hunting for a new job, rather than face the stress of finding a new job within 60 days

[piyush_er]

Thank you for the detail! That definitely makes a lot of sense and for sure is helping me to choose the path.
One last question - Let's assume the worst case, I am denied for F1. Would that have any complication in getting H4? Coz that's the route i would like to take if denied for F1.

[inadmissible]

The two most likely reasons you will be denied an F-1 visa is because you can not demonstrate your strong ties to your home abroad (so as to overcome the presumption of your immigrant intent) and/or you don't provide adequate evidence of financial support (proof of funds). Neither of those two eligibility factors apply to H visas. So, if you are denied an F visa on those grounds it will not prejudice your future application for a H visa

The belt-and-suspenders approach would be to apply for both visas, it can never hurt to have added flexibility. That hedges against the risk that you'll decide to abandon your school program then travel abroad (so you don't have to then wait abroad to obtain a H-4 visa in order to return to the United States)

[piyush_er]

Thank you! You have been really helpful and informative.