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H4 Visa Stamping In Canada With Valid F1 (expiring In June 2015)

Discussion in 'Nonimmigrant Visa Applications' started by GreenChemie, Dec 22, 2014.

  1. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I am a Ph.D. candidate in Chemical Engineering, about to graduate in March 2015. I got married in April 2014 and my husband is on an H-1B (with an approved I140). I do not wish to apply for an OPT and instead want to switch to an H-4.

    For an H-4 stamping, if I go to Canada, will I be able to return to the US on my unexpired F-1 (before graduation) in case of 221g admin processing?

    I could go get an H-4 stamping in India, but am concerned of a long TAL based 221g wait based on my Chemical Engineering background.

    In your opinion, does it make sense to Canada instead (this will be my first stamping in Canada)?

    I have a 10 year tourist visa for Canada, just FYI.

    Thanks!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have an unexpired visa, you may travel and return.
     
  3. GreenChemie

    GreenChemie Member

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    Thank you Ron! I appreciate it.

    One last question though, do I have to ask the consulate specifically not to cancel my F-1 or they won't cancel as policy?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Don't asks and they shouldn't cancel it, as that would be against policy.
     
  5. GreenChemie

    GreenChemie Member

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  6. txresearcher

    txresearcher Senior Member

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    Ron, if 221g is given would you have to withdraw the application to come back using old valid visa or let it process but come back to US and wait for the 221g to clear?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, people do this every day. Once the background checks have cleared, they go back for visa issuance.
     

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