Validity of H4 visa

[deed.indeed]

Hey Guys,
I am a newbie to this forum..I found this forum and its members very helpful..I also need guidance on my Visa issue..
I came to US on H4 visa and now I have got admission for MS for the fall qaurter 2009..I want to go to India this december and I am aware that if I change my visa to F1 ,I may be rejected stamping when in India...
Can I apply for F1 and not change the status (remain in h4)..then go to India for the F1 stamping and if they reject F1 ,can i still come to US on my H4 visa which is valid for one more yr.

Thanks in adivce for your help

[Tino]

Once you apply for change of status (COS), you cannot leave the USA. If you leave your application will be canceled.

So do not apply for COS and then leave.

If you have a valid H4 and meet the requirements of H4, you can apply for F1 in your country and if F1 is declined, re-enter the USA on the H4. BUT, the embassy can cancel your H4 if they want. So if your F1 is declined, they could also cancel your H4 at that time. They may. The may not.

Tino

[deed.indeed]

Thanks Tino for the advice....I am planning to study first semester in H4 itself,then go to India and then once I come back will change to F1...This is if I dont get a TA/GA right now..
If I get some financial aid..then I will have to rethink.....

[Tino]

Yeah, the uncertainity is annoying. My recommendation, if u do get a TA/GA, stay in the USA and COS.

Tino

[deed.indeed]

Hey,
I just received a letter from my university -They asked me if I am going to change my status from H4 to F1 here in the U.S. (by mail, which can take upwards of 6 months), or, whether they have to issue me an I-20 to travel outside of the U.S. and obtain an F-1 visa...What does this mean (change status in US)and which is the best option..Could you please help me out with this urgently.

[Tino]

The I-20 is a document (3 pages). It is the official government form that the school completes to show that you applied to the school and were admitted. You use this form to show the US embassy that you are indeed a student when you apply for the F1 visa.

So simply: To apply for an F1, you need an I-20.

The best option is to get an F1 visa at the embassy in your country. But the uncertainty is if they will grant the visa.

The most guaranteed option is to apply for change of status. This has 2 main disadvantages:
1) takes time, and you cannot start school until it is approved
2) No visa. You status will be F1, but you will NOT have an F1 visa. So if you leave the USA you will not be able to re-enter. In effect you will be stuck in the USA until you finish your studies

Tino

[deed.indeed]

Hey ,
I am planning to continue in H4 itself coz I will have to go to India this year end and moreover my University tuition fees are less if I am considered as instate resident which is possible only if I have H4 visa...
So finally I have decided to continue in H4...
Thnks for your advice.....
Will be very much in touch with this forum...

[Tino]

As long as you can maintain H4 status (meaning, basically, that your H1B person is in status), I think that is the best way.

Tino