Cancelling F1 Visa and returning on existing H4 visa

[vinay89]

My wife received her H4 visa about a year back. she recently got her F1 Visa approved and old H4 visa is not cancelled on her passport. She entered US again on F1 Visa and I94 shows the same.

Within first month, she realized she doesn't like the course. She has applied for another university but that is for next semester and chances of getting an acceptance are uncertain.

What we should do cancel her F1 Visa?
How to make sure her H4 visa is still valid and she can stay here in US if she cancels her full enrollment from University? She should travel outside and go to embassy again for cancelling F1 and confirming her H4 visa OR we can do that while staying in US?

[scientist2016]

Just travel outside the US and enter using H4. This is the simplest course of action. The longer/more convoluted route would be to file for a COS from F1 to H4. There is no such thing as "canceling a visa". Also, a visa is merely for entry purposes. It does not confer any eligibility to reside in the US (that is the objective of I94 in the case of non-immigrants).

[vinay89]

Thanks scientist_2016!

Does she have to leave US immediately and come back again on H4 ?

COS from F1 to H4 will take longer time and since she is withdrawing fulltime enrollment, her f1 status will go. If cos petition is under process, can she stay within the US (she has H4 visa)?

My wife may decide to apply for different university next semester, so we may have to again file COS from H4 to F1 when earlier COS petition is under progress. This makes it so difficult.


Meanwhile, I have sent these questions to CBP to get answers.

[scientist2016]

The sooner the better, since withdrawal leads to loss of F1 status, and hence loss of legal status.
Yes, she can stay as long as COS is in process (whether she has a valid visa or not does not matter, since visa is only for entry).
Yes. Hence, it might be easier to just travel out and enter using H4, so that she can do a COS the next time from H4 to F1.