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  #1 (permalink)  
Old 02-22-2007, 01:23 PM
Senior Member
Priority Date
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Mar-05
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EB2
I140 Mailed Date
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08/15/2006
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pmamp has a spectacular aura about pmamp has a spectacular aura about
Default H1 - H4 or F1 dilemma

My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

Thanks
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  #2 (permalink)  
Old 02-26-2007, 11:24 AM
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pmamp has a spectacular aura about pmamp has a spectacular aura about
Default

Can someone please throw some light on this? Thanks
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  #3 (permalink)  
Old 02-26-2007, 11:55 AM
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wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold
Default she doesn't have to convert to F1 to pursue a Masters degree

She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
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  #4 (permalink)  
Old 02-26-2007, 11:58 AM
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Jun-03
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wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold wizpal is a splendid one to behold
Default Forgot to mention..

Forgot to mention that instate tution waiver is NOT available in some, albeit very few, states. Most of the states would allow it. Please check in advance.
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  #5 (permalink)  
Old 02-26-2007, 12:00 PM
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Default Complex than you think.

I am not sure, whether she can continue her studies on F1 without getting stamped. There are conflicting reports all over the web. I have 2 family members who are students and they are in H4. Both wanted to convert to F1 but they were informed that they should get it stamped. I think you get SSN and all those fun stuff in F1 which you don't in H4. Do analyze before you act.
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  #6 (permalink)  
Old 02-26-2007, 06:10 PM
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arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute arnet has a reputation beyond repute
Default hope it helps

H4 visa holder can pursue their studies in US but they cannot work while studying.

he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

Quote:
Originally Posted by pmamp
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

Thanks
__________________
Disclaimer: Use it at your own risk and doesnt represent my opinion/view. I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
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  #7 (permalink)  
Old 02-26-2007, 06:14 PM
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pmamp has a spectacular aura about pmamp has a spectacular aura about
Default oh

can she accept fellowship on H4?
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  #8 (permalink)  
Old 02-26-2007, 06:20 PM
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msp1976 will become famous soon enough
Default

Quote:
Originally Posted by pmamp
can she accept fellowship on H4?
I doubt it...Ask the school the question...Schools nowadays have dedicated international students services....
Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....
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  #9 (permalink)  
Old 02-26-2007, 06:47 PM
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Default F1 and 485

Quote:
Originally Posted by arnet
H4 visa holder can pursue their studies in US but they cannot work while studying.

he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
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  #10 (permalink)  
Old 02-26-2007, 09:17 PM
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Default

Quote:
Originally Posted by wizpal
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

Most important, she can accept scholarship and internship offers through the course.

The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
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  #11 (permalink)  
Old 02-26-2007, 10:02 PM
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my2cents is a jewel in the rough my2cents is a jewel in the rough my2cents is a jewel in the rough
Default Get on F1

Best part will be

- Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)

- It will enable her to pursue opt and make a way for converting to H1B

For OPT
- at the time of filing she must be in F1
- She should have full time student for 1 year ( not necessarily F1 for 1 year)

I did the same thing for my wife.
Thanks,
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  #12 (permalink)  
Old 02-27-2007, 09:29 PM
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Mar-05
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pmamp has a spectacular aura about pmamp has a spectacular aura about
Default Thank you for suggestions

I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.

I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?

Thanks
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  #13 (permalink)  
Old 02-27-2007, 09:42 PM
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pmamp has a spectacular aura about pmamp has a spectacular aura about
Default Some useful information

I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.

Please correct me if I am wrong.

http://www.hooyou.com/f-1/140filing.htm
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