H4 validity if F1 is denied

[kishor_saitwal]

We are here in the US on H1B/H4 status. My wife has her H4 visa stamped in her passport, which is valid until Sept 2009. She is planning to apply for her F1 and has scheduled for an appointment in December at Mumbai Consulate. I assume that the Consulate Officer will not cancel her H4 visa unless she is granted her F1 visa. More specifically, if her F1 visa is granted, her H4 will be canceled and she will come on F1. However, if her F1 is denied, she will be able to come back to the US on her still valid H4 visa. Kindly confirm.

[orion]

Depends on the consular officer. Might help to carry documents abour your H1 valid current status, so that if asked, she can prove that she continues to be eligible for H4 even if F1 was denied. Why dont you go for a COS application?

[kishor_saitwal]

Currently, it is taking more than 6 months to do COS and by that time, the GRA position she is offered will no longer be available... Btw, why would any consulate officer cancel the already valid visa before granting a new one?

Depends on the consular officer. Might help to carry documents abour your H1 valid current status, so that if asked, she can prove that she continues to be eligible for H4 even if F1 was denied. Why dont you go for a COS application?

[orion]

Read carefully, I did not say H4 would be cancelled, but that they might ask to prove that you (H1) continue to be in status to let her go back with H4 intact.

[kishor_saitwal]

Sorry, I misinterpreted... That makes a lot of sense now... I was getting tensed about it because somebody had mentioned to me that H4 cancellation & F1 denial may happen... Now that I have this information, I will make sure that she carries all my H1 documents with her... Should I give her all the original H1 documents (just like it is required for initial H4 visa stamping, e.g., my original I-797, etc.) or will the photocopies suffice? Thank you.

Read carefully, I did not say H4 would be cancelled, but that they might ask to prove that you (H1) continue to be in status to let her go back with H4 intact.

[txh1b]

It all depends on the VOs. I have seen some VOs open the PP first and stamp the visas canceled while taking the interview. If the interview results in a denial, you would end up with a canceled H4.

Some go through the interview and towards the end of it cancel old/unused visas.

So, YMMV.

[kishor_saitwal]

Hmmm... In that case, if she has all the H-1B/H4 visa related documents with her, can that VO reissue her H4 visa on the same day or does she have to take a fresh appointment for her "new" H4 visa stamping?

It all depends on the VOs. I have seen some VOs open the PP first and stamp the visas canceled while taking the interview. If the interview results in a denial, you would end up with a canceled H4.

Some go through the interview and towards the end of it cancel old/unused visas.

So, YMMV.

[txh1b]

She has to talk to the VO. A fee paid is per application. She might be required to book another slot. But a nice VO could allow her to come back with a new fee. It all depends.