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Possible RFE for change of H4 to F1

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  • Possible RFE for change of H4 to F1

    HI,

    I came to USA on F2 visa. I then changed to H4 status approved (the COS was filed in USA) and have not got any stamping of H4 from India.

    I now got admission in a college and now want to file for F1. College advisor mentioned that there are possible queries that could be asked why I am changing from H4 to F1 when i can study on H4.

    Can you suggest a response that can be used. they mentioned that we cannot use OPT as one of the reason. Also, she mentioned that my course is a certification and duration is just one year and hence there is a possibility for a rejection. Finally, my spouse is sponsoring my education and the advisor feels that would also be probably one of the reason for rejection because there is not strong tie for my to return to my home country.

    I am now confused whether to start education and simultaneously apply for F1 or get for F1 status and then start. Will my status change from F2 to H4 and then to F1 be a hindrance.

    What are the chances of getting F1 from USA or do I need to go to India and get the same approved.

    Please suggest.

  • #2
    Originally posted by Unregistered View Post
    HI,

    I came to USA on F2 visa. I then changed to H4 status approved (the COS was filed in USA) and have not got any stamping of H4 from India.

    I now got admission in a college and now want to file for F1. College advisor mentioned that there are possible queries that could be asked why I am changing from H4 to F1 when i can study on H4.

    Can you suggest a response that can be used. they mentioned that we cannot use OPT as one of the reason. Also, she mentioned that my course is a certification and duration is just one year and hence there is a possibility for a rejection. Finally, my spouse is sponsoring my education and the advisor feels that would also be probably one of the reason for rejection because there is not strong tie for my to return to my home country.

    I am now confused whether to start education and simultaneously apply for F1 or get for F1 status and then start. Will my status change from F2 to H4 and then to F1 be a hindrance.

    What are the chances of getting F1 from USA or do I need to go to India and get the same approved.

    Please suggest.
    Hi Can anyone please suggest on the above.

    Comment


    • #3
      Many people do change from H4 to F1 and vice versa see video enclosed. It is impossible to tell about the additional RFEs. Often times, small schools and small courses get such inquiries because the USCIS know the idea is to get an OPT. The best is to apply then deal with the Request for Evidence when it comes.
      Good Luck
      Shah
      Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

      For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
      Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
      Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

      Comment


      • #4
        Possible RFE H4 to F1

        Originally posted by shah View Post
        Many people do change from H4 to F1 and vice versa see video enclosed. It is impossible to tell about the additional RFEs. Often times, small schools and small courses get such inquiries because the USCIS know the idea is to get an OPT. The best is to apply then deal with the Request for Evidence when it comes.
        Good Luck
        Shah

        Thank you Mr. Shah for the response. I think it is better to first apply and then tackle the issue. One last guidance required, Incase the F1 is approved, is it a good idea to get the stamping from Canada or should I go to India for that.

        Since, My course is short term, by the time I plan to go to India for stamping I shld be on OPT and i have heard people say that denials are high if I go to India (since the course will be over and I will be on OPT)

        What is your view. For F1 approved, is it ok to visit Canada for stamping.

        Thanks in advance for the response

        Comment


        • #5
          You might be able to that. You should be able to file in Canada.
          Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

          For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
          Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
          Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

          Comment

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