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Conversion Of F1 To H4 By Travelling Abroad

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

  1. Kamakazee

    Kamakazee Super Moderator

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    Use your H4 visa to enter US. Then apply for H4 EAD.
     
    Ron Gotcher likes this.
  2. Mrun

    Mrun New Member

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    My husband is on H1B visa and I came to US 4 years back on H4 visa. I changed my status to F1 in Jan this year. Now my husband's I-140 is approved and I can take advantage of H4 EAD. However I found out that COS from F1 to H4 takes more than 6 months. Can I travel to Canada for COS?
    PS: I dont have an F1 stamp on my passport and the H4 stamp on my passport expires on Dec 2nd, 2015. I will not be able to travel before the stamp expires.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You might want to consider applying in Mexico. They are willing to reissue expired visas.
     
  4. Mrun

    Mrun New Member

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  5. taran

    taran New Member

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    Hi There,

    My wife is currently on F1 Visa and is on 17 months STEM OPT extension. She has a valid F1 visa stamp that expires in 2018.

    She wants to convert to H4, through travel and get a stamp from Tijuana Mexico.

    I am currently on H1B visa that would to expire in 2018. with a valid visa stamp till april 2016

    I want to know if it is OK for her to travel to Mexico and appear for visa stamp alone or we both go together for the stamping or dont go to mexico at all.

    Any experience/information that you can share will be helpful

    Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless she has been issued an H visa in the past, they will not accept her case.
     
  7. taran

    taran New Member

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    Hi Ron,

    Thanks for the response, she was issued a H4 visa before which expired in 2010, her newest visa is F1 though. So do you mean, she is OK to go there with me (renewing H1) as a family and get an H4 stamped.
    so this is her status from her first entry till now
    June2008 till Feb 2013-H4 (stamp expired in 2010)
    Feb 2013 to current-F1 (stamped in Dec 2013-exp 2018)

    Your answer to this will greatly help us in deciding to go there in the next week.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    She she has been issued an H visa previously, she is eligible.
     
  9. taran

    taran New Member

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    Thank you so much for the insight, it was hard for me to find that information. One last follow up question on that is, if they do not give her the H4 stamp for some reason, or they put her for administrative processing, will they cancel her F1 stamp as well. Also can she travel back to USA if they give her a 221G
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Most likely, they will not.
     
  11. taran

    taran New Member

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    Thank you somuch
     
  12. Swati Gupta

    Swati Gupta New Member

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    Use your H4 visa to enter US. Then apply for H4 EAD.


    Hello
    Thanks for giving answers to my questions.
    I went to mexico and entered back into USA on 3rd Nov on H4 visa while my opt application is in Rfe state. I sent a letter to USCIS to withdraw my OPT application with the receipt notice on 10th NOV. But still my case is in RFE state. Do I need to wait for USCIS to withdraw my opt application? It is one and half month now. They are not taking any action on my case.
    Or I will apply for my H4EAD without wait for withdraw or deny my OPT application?

    Thanks,
    Swati Gupta
     
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  13. Swati Gupta

    Swati Gupta New Member

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    Hello Vinay,
    My case is similar to your wife case. I got RFE in the month of Sep. I went to mexico and re-enter into USA on H4 VISA.
    But my question from you guys is,
    1. Your wife is in H4 Visa now?
    2. Did you applied for H4EAD without withdrawing OPT application?

    Thanks
    Swati
     
  14. Shubhanshu

    Shubhanshu New Member

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    Hi Swati,

    I am also trying to do the same thing that you did. I am currently on H1B status and have an unexpired H4 visa valid until Jan 2017. I am planning to do to Canada for a day and come back in H4 status.
    My question is will the CBP at border give a new I-94 card? Did you get a new I-94 when you entered from Mexico and did the officer stamp an entry record in your passport?
    Also, can you you see your departure and arrival record on electronic I-94 website?

    Appreciate your help and response.
     
  15. Jarus

    Jarus New Member

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    Did this work for you?
     
  16. Jarus

    Jarus New Member

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    Hello Harry37,

    did this work for you?
     
  17. nids_Sri

    nids_Sri New Member

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    Hi Ron,

    It's great to see your prompt replies to the queries. I also wanted your help with my case.

    I am a citizen of India and holding an Indian passport. Currently I am staying in the United States on F-1 (student) visa. I graduated last year and I am currently working on F-1 OPT that is expiring on August 11, 2016. My H-1B visa didn’t come through lottery this year. My husband has a valid H-1B visa and his i-140 is approved. And I am eligible for H4-EAD. My work company is generous enough to allow me to take a break in order to get H4-EAD and continue to work. Now I want to transition from my current F-1 visa to H-4 (dependent of H-1B visa). I am planning to travel abroad and get the visa, as COS is highly backlogged, in order to minimize the break. Can I get my fresh H-4 visa stamped in any US consulate in Canada or Mexico? My home country is India and I have never had any “H” visa before. However, I had F-2 and B-1 (expiring in 2017) visa in the past. Thanks a ton for helping out. Really appreciate it.

    Thanks,
    Nidhi
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    How close is your husband's expiration date?
     
  19. nids_Sri

    nids_Sri New Member

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    Thanks Ron, for your prompt response. Here are his details:


    - His current H-1B visa stamp is expiring on Aug 15, 2016

    - His H-1B extension petition is already approved

    - He needs to get a new H-1B stamp to reflect the extension (which is what we want to do in Canada) and we are planning to go to US Consulate together

    - His I-140 is already approved
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unfortunately, you didn't file them together. If you file for EOS and an EAD, count on four to eight months for processing.
     

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