Change of status from H4 to F1

[Shilpa 0]

Hi,

I applied for change of Status from H4 visa to F1 visa while I was in the US. Then I traveled to India for family emergency and I attended visa interview for F1 for stamping at US consulate and it was denied. Now I want to travel with my previous h4 visa. Will that be still valid to return to the US?

[designguy 1,179]

Is your H4 visa still valid? Did the embassy cancel it?

[Shilpa 0]

No.. there is no cancellation or denial seal on my visa. It looks valid and dated till April 2020. 

[USS_Voyager 1,971]

13 minutes ago, Shilpa said:

No.. there is no cancellation or denial seal on my visa. It looks valid and dated till April 2020. 

Then I think you're good. As long as everything else is still valid (the primary H1B is still in status.... )

[Boiler 43,433]

Why was it denied?

[Shilpa 0]

1 minute ago, Boiler said:

Why was it denied?

My F1 visa interview was considered as fresh F1 interview and they didn’t even see my approval notice of change is status. They said according to 214b they can’t approve my F1. 

[designguy 1,179]

27 minutes ago, Shilpa said:

My F1 visa interview was considered as fresh F1 interview and they didn’t even see my approval notice of change is status. They said according to 214b they can’t approve my F1. 

Can you clarify if you applied for an F1-Student or F1-Unmarried Sons and Daughters of USCs?

[Shilpa 0]

5 hours ago, designguy said:

Can you clarify if you applied for an F1-Student or F1-Unmarried Sons and Daughters of USCs?

It was for F1 Student visa

[designguy 1,179]

6 hours ago, Shilpa said:

It was for F1 Student visa

I am confused. If you are on H4 and the primary still in valid status why did you need to change to an F1? An H4 can legally study in the US. Are you aging out?

Edited October 2, 2019 by designguy

[designguy 1,179]

Just to add: 

 

Because you have been living in the US on and H4 and you are now applying for a non-immigrant visa category that is not dual intent, its going to be extremely difficult for you to get around proving that you don't have immigrant intent. Basically the CO is thinking you are using the F1 simply to remain living in the US. Unfortunately there are not many options for you as you were denied a visa due to immigrant intent, the only realistic path forward would be an immigrant visa. This would mean through either family or work (India is not eligible for the Diversity Visa). I would presume the family route is ruled out as you would have otherwise come in on that.

 

The employment option (and its a long shot) would be the only path forward I see for you. The fact that you are applying for an F1 makes me think you don't already have a degree which is a requirement for most EB visas. I think you need to start preparing for a move back to India. Even in the best cases its would be nearly impossible to get an immigrant petition approved in 6 months. Keep in mind that you can only adjust status in the US while you are IN status, so once you are out of status you will start accruing an overstay which could lead to a bar from entering the US

[jan22 2,898]

On 10/2/2019 at 3:52 AM, designguy said:

Just to add: 

 

Because you have been living in the US on and H4 and you are now applying for a non-immigrant visa category that is not dual intent, its going to be extremely difficult for you to get around proving that you don't have immigrant intent. Basically the CO is thinking you are using the F1 simply to remain living in the US. Unfortunately there are not many options for you as you were denied a visa due to immigrant intent, the only realistic path forward would be an immigrant visa. This would mean through either family or work (India is not eligible for the Diversity Visa). I would presume the family route is ruled out as you would have otherwise come in on that.

 

The employment option (and its a long shot) would be the only path forward I see for you. The fact that you are applying for an F1 makes me think you don't already have a degree which is a requirement for most EB visas. I think you need to start preparing for a move back to India. Even in the best cases its would be nearly impossible to get an immigrant petition approved in 6 months. Keep in mind that you can only adjust status in the US while you are IN status, so once you are out of status you will start accruing an overstay which could lead to a bar from entering the US

Studying is permitted on an H4; getting CPT during your studies or OPT at the end of your studies is not.  Many want to switch to an F1 because of this, but they are hard to get approved, as the OP experienced.