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H4 To F1 Denied

Discussion in 'Nonimmigrant Visa Applications Generally' started by Gadiga, Jun 6, 2016.

  1. Gadiga

    Gadiga New Member

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    Here is our case please provide your valuable suggestions.

    I got my H1B visa approved last year and me and my wife(on H4 visa) moved to USA together. Later my wife wanted to do her masters so we approached USCIS and put an application to change her visa status from H4 to F1 which was approved after couple of months. Since then she has been doing her master's. Currently she is in her last semester and came to India for F1 Visa stamping.

    Unfortunately this was rejected today giving a reason of Potential Immigration. Also my H1B is going to expire in 2017 and I am planning to renew the same.She was given a Green Form by the Visa Officer after the visa interview.

    Is there any way she can come back to USA on the current H4 visa? Will there be any issues at the Port of Entry? or do we need to put a new application for H4 visa and attend a fresh interview in India for H4 visa?
    We are not planning to go for another F1 visa interview which i feel will be definitely rejected. My only concern is to bring her back to USA.

    Also, if she come on H4 visa to USA can we again apply for change of status to F1? what are the chances of approval for the same? Another thing is she is in the final semester and will be graduating in the next 2 months and if in case we apply for change of status does she has to take more credits and continue to study till the change of status is approved? Or is there anyway we can apply for Change of Status and she can apply for OPT ?

    Please provide all your valuable suggestions.
     
  2. DonDraper

    DonDraper Guru

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    If you have a GC petition you are intended immigrant. Do you have one ?
     
  3. Gadiga

    Gadiga New Member

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    Hi Don,
    Thank you for the reply. I do not have a petition yet, but yes my documentation is my getting ready for filing a perm. But there were no questions about my GC during my wife Visa interview.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you both have valid H visas, you both may return - notwithstanding this refusal.
     
  5. Gadiga

    Gadiga New Member

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    Thank you for the reply Ron.
    To mention I am currently in USA and my wife is in India. Do she need to fill in a new DS-160 form and apply for a new H4 visa interview to come back over here? or can she come over here directly on her existing H4 visa? Will there be any problem at port of entry if she travels without attending the H4 interview again at India?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as you remain in valid H1B status, she may use her existing visa until it expires.
     

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