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  #1 (permalink)  
Old 04-21-2013, 10:51 PM
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mishrikhurana is on a distinguished road
Default H4 To F1..F1 stamping....Husband on H1b,140 approved.

Please Help!!!

I came to US on H4 3 years ago and changed to F1 in jan'13. i now have to go to india and i am concerned about the stamping. i am worried about proving "non immigrant intent", since my husband's 140 is approved. i have completed 1 semester and enrolled for summer in a nationally ranked tier 1 university.

Another thing is, that my husband's 7th year extension received RFE and it will be answered shortly but i cant wait, i need to travel in a week's time.

Please advice!!!
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  #2 (permalink)  
Old 04-22-2013, 11:20 AM
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fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold
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Originally Posted by mishrikhurana View Post
Please Help!!!

I came to US on H4 3 years ago and changed to F1 in jan'13. i now have to go to india and i am concerned about the stamping. i am worried about proving "non immigrant intent", since my husband's 140 is approved. i have completed 1 semester and enrolled for summer in a nationally ranked tier 1 university.

Another thing is, that my husband's 7th year extension received RFE and it will be answered shortly but i cant wait, i need to travel in a week's time.

Please advice!!!
It is indeed difficult to prove "non immigrant intent" when you were already on H-4, your husband has an approved I-140. Technically speaking though, you have shown immigrant intent officially as you have not filed I-485 yet (I am assuming). So, you "may be" ok, but there indeed is a non-trivial risk involved. Since you already know the situation and requirement to prove "non immigrant intent" and have already made plans, I believe you are choosing to take that risk head on.

Wish you good luck!
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Old 04-22-2013, 12:52 PM
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nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute
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H1 is a dual intent visa, hence you will be fine.

As for COS to F1, you are golden. Mt wife changed from F1 to H4 and H4 to F1. She never had a problem and i guess it would be the same with you.

Regards
Naveen
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Old 04-22-2013, 03:00 PM
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fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold fall1998 is a splendid one to behold
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Originally Posted by nrmarrivada9 View Post
H1 is a dual intent visa, hence you will be fine.

As for COS to F1, you are golden. Mt wife changed from F1 to H4 and H4 to F1. She never had a problem and i guess it would be the same with you.

Regards
Naveen
Couple of points:

1. Please pay attention to what OP has mentioned: She is going from H4 (dual intent) to F1 (non-immigrant intent).
2. When your wife changed from H4 to F1, did she:
a. Go out side of country (India) to get her passport stamped with F1 visa?
b. Did you already have your labor and 1-140 approved?

By the way, this is my last post on this thread / discussion.

Cheers!
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  #5 (permalink)  
Old 04-22-2013, 04:30 PM
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nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute
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My profile provides ample information on my current state, which i don't think you observed or rather cared to.

1. Going from H4 to F1 will not have any impact on the spouse's GC application.
2. (a) Yes, she did.
(b). Yes. i have an approved labor and I-40


Quote:
Originally Posted by fall1998 View Post
Couple of points:


By the way, this is my last post on this thread / discussion.

Cheers!
I am pissed off the by the choice your language. It is rude, irritating, and uncalled for. Appending "Please" to "Pay Attention" doesn't discount the rudeness of your expression style.

First off, your statement made it obvious that you chose to use the poor and rude expression. Your choice was deliberate.
Second off, my reaction is SHUT the ......up.
Third off, you sir, owe me an apology for your stupidity.


You chose to shut up without requiring some one to tell you so. That's an anticipatory and preemptive measure to stop someone that you have hurt from hurting you. But that is not how it works.
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