1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Conversion Of F1 To H4 By Travelling Abroad

Discussion in 'H4 employment authorization' started by harry37, Mar 5, 2015.

  1. nikhiljawrani

    nikhiljawrani New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    1
    Hey Ron,

    Based on Prem's comment I am a bit confused and would greatly appreciate your help.

    1. Circling back to my comment back in March, my Wife is currently on F1-Status currently (via COS from H4 to F-1 done within the USA). She does not have an F-1 Visa (or Visa Stamp) on her passport. That said, her most recent online I-94 record still indicates her Class of Admission as H4, which is the status she was granted upon her first entry. Is that incorrect?

    2. We plan to travel by ROAD to Canada for a of couple days and return back to the USA via ROAD again. I've seen confusion over the internet with regards to the "Land Travel" based Immigration Posts. Is there any difference when compared to "Air Travel" based Immigration Posts?

    3. Going back to my very first question from March, since we are Visiting Canada for only 2 days, will my wife get a new I-94 with her new status on entry being H4 (based on her Visa Stamp) or will it be F-1 due to the AVR rule (based on her COS from H4 to F-1)?

    Our purpose to leave and re-enter the USA is to get her back on H4 so that she can benefit from the new H4-EAD rule.

    Thank You for your time and help.

    Regards,
    Nikhil
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You write that he status was changed to F1. How do you know this? If she received a new I-94 at the bottom of an I-797 approval notice, then that I-94 controls and supersedes the one that you see online.

    A port of entry is a port of entry - irrespective of whether it is for land, sea, or air arrivals. When you return, show your wife's H4 visa (together with proof that you are still a valid H1B) and have her gain admission as an H4.
     
  3. nikhiljawrani

    nikhiljawrani New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    1
    She did get a new I-94 along with her I-797 approval notice. My concern was that this new I-94 was not reflecting online.

    Lastly, we will show our H4 and H1B visas at the port of entry, this will give us both new I-94's. And I'm assuming this will reflect online at the CBP website, correct?

    Thanks again for your help Ron.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes it will.
     
  5. nikhiljawrani

    nikhiljawrani New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    1
    I assure you this will be my last question.

    Do we need to ask her School (where she is currently enrolled and got her F-1 from) to take her out of the SEVIS system prior to travel? I fear the Immigration Officer may see that and ask why she wants to convert back from F-1 to H4 in the middle of her studies? How would we respond to that?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Definitely tell the DSO what you plan to do and why.
     
  7. akki86

    akki86 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    My wife came to USA on H4 visa in Sept, 2013 with a valid visa stamping(till 2016) on her passport. Last year around Dec, 2014 she converted to F1 visa by applying for change of status from H4 - F1.

    1. Based on previous answers in these posts, if she travels outside US and makes a re-entry based on the valid H4 visa stamping on her passport, she will be back on H4 visa. Is that correct ?

    2. In the list of required documents for H4 EAD, USCIS has asked for an I-797 for H4 visa holders, whereas I just have her stamping on the passport for H4 visa and last year's I-797 for F1 visa which she got when her COS got approved. In that case, what documents should I submit to prove her H4 visa ?

    3. Also, do you think its a better option to apply for COS and EAD while staying in US rather than going out and coming back on H4 visa ?

    Thanks in advance for helping out.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Go abroad and return. Bring a copy of the I-797 and proof of the H1Bs current employment (I-94 and pay stub).
     
  9. akki86

    akki86 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    Thanks for answering my previous question. I was planning to send my wife who is on F-1 visa(based on COS) currently with a valid H4 visa stamping on her passport to Canada for COS, however I'm concerned about the following 2 facts :

    1. Is it possible that they would have made my wife's H4-visa stamping invalid after approving her COS application for F-1 visa ?

    2. I have heard that U.S. Immigration officers sit in Canada, and they verify your old I-94 document validity there itself before they allow you to board the flight back to U.S. In my wife's case, she only has H4 stamping on her passport and the last I-94 was for F-1 visa. In that case, will they issue her a new I-94 when she shows them her H4 visa stamping on the passport ?

    Thanks.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If she is entitled to an H4 visa, she will get one. In that case, she will be returning using her visa, not AVR.
     
  11. akki86

    akki86 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    Getting Canada's tourist visa is taking time, so now I'm thinking of sending my wife to Mexico.

    Will she get a new I-94 on H4 status when she travels to Mexico ? Can she just cross the border, and come back the same day to get a new I-94 ?

    Thanks.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If she has an H4 visa, yes she will.
     
  13. Vinay Mangeshkar

    Vinay Mangeshkar New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1
    Hi Ron,
    My situation is similar to previous post where she has transferred from H4 to F1 and H4 Visa stamp is still valid till 2016. She has got her F1 Visa while being in the USA and have not left the country
    Only difference is she is on F1 Visa ,have applied for OPT and received an RFE.She will be completing her MS on 9/7/2015. Am still waiting for the mail from USCIS detailing the RFE need.

    Can she still drive to Mexico and get a new I-94 based on her old H4 Visa which is still not expired and H1 holders valid I-797 ?


    Do we need to take any appointment for the visit to Mexico ?

    Thanks for your help in advance.

    Also, people from earlier posts , have you been successful in getting the H4 Visa stamped from Mexico/canada ?
     
    Last edited: Sep 2, 2015
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If she has an H4 visa, then she can go to Mexico and re-enter as an H4 nonimmigrant.
     
  15. Vinay Mangeshkar

    Vinay Mangeshkar New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1
    Thanks for the quick reply.
    One more question , do we need need to take an appointment or just drive to Mexico and re-enter ?
    Also, on Mexico US Embassy site , i see following note . Does that indicate my wife (who is on F1 Visa) can only renew the same visa and cannot apply under different Visa Category (H4, in this case) ?

    Third Country Nationals* residing in the United States
    may apply to renew a visa in any category except B1/B2 or H2. NOTE – The applicant must apply to renew in the same visa category and cannot apply in a different category.
     
    Last edited: Sep 2, 2015
    Swati Gupta likes this.
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Unless your wife has an H visa, she may not apply for a visa at a U.S. consular post in Mexico. If she goes to Canada to apply for an H4 visa, she must first secure an appointment.
     
  17. Swati Gupta

    Swati Gupta New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    1
    Hi Ron,
    My case is similar to previous post. I have H4 visa stamped on my passport( valid till 3rd aug 2016).After that i have not left the country. I applied for COS from H4 to F1( in USA) but my F1 visa is not stamped on my passport. I had applied for OPT EAD, but got RFE. So i am planning to move from F1 to H4 ( to get leverage of H4EAD).
    1. Is that possible i will go to mexico and canada and come back on H4 without any stamping and appointment in Canada and Mexico?
    2. I am travelling out from the USA, will my F1 OPT void automatically ?
    3. Do i necessary to reply of my F1 OPT RFE, or it will automatically deny by USCIS.
    4. Will i have to inform my College DSO deptt as well as USCIS sending letter to deny my OPT.
    5. What is the procedure for applying Canadian Visa as well as Mexico .
    6. If i go to Mexico, How much time it will take to get new I-94.

    Thanks
    Swati Gupta
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If you wish to return as an H4, you need a new I-94. Automatic Visa Revalidation will keep you as an F1. You will lose your OPT when you return as an H4, but you will be able to apply for an H4 EAD.
     
  19. Swati Gupta

    Swati Gupta New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    1
    Hi Ron,
    Thanks for the quick reply. But i am bit confused.
    If i want to come back on H4( stamped on my passport and valid till aug 2016), i need new I-94, But how that new I-94 will keep me as an F1. Can you please help me to answer. I want to be on H4 and apply for H4 EAD.

    Thanks
    Swati Gupta
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If you have an H4 visa, and tell them that you want to enter as an H4, that's what you will get.
     

Share This Page