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mdovalle

Is my F1 visa still valid after changing to H4?

By mdovalle in Student & Exchange Visitor Visas

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mdovalle Newbie

mdovalle   0

Posted
Filed: Other Country: Brazil
 Timeline
Posted (edited)

I started a course last August on F1 status - I traveled to my home country and applied at the consulate, was approved, and got the visa stamp. Meanwhile, my husband's H1B, and my H4, were approved.

The H4 should have been withdrawn, but it was not. On Oct 1st, my status changed from F1 to H4. I would like to change it back to F1. I am still currently enrolled and attending school, and don't think I have been out of status. My question is whether I will have any problem going out of the country again and re-entering with my F1 visa.

Thank you.

Edited by mdovalle
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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Should've withdrawn the H4 soon after the F1 was approved.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

You are now in H4. You can get the EAD (unlimited work authorization) and you can study on H4 without restrictions. (You can't do the OPT.) If you want to get back in F1 status you'll need to reapply.


Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Katrag Newbie

Katrag   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted (edited)

I started a course last August on F1 status - I traveled to my home country and applied at the consulate, was approved, and got the visa stamp. Meanwhile, my husband's H1B, and my H4, were approved.

The H4 should have been withdrawn, but it was not. On Oct 1st, my status changed from F1 to H4. I would like to change it back to F1. I am still currently enrolled and attending school, and don't think I have been out of status. My question is whether I will have any problem going out of the country again and re-entering with my F1 visa.

Thank you.

Hi. Were you able to resolve the issue. My wife is in exact situation.

Edited by Katrag
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Boiler Grand Master

Boiler   45,510

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You can hold multiple Visa's but only one status at a time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,510

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

CoS would be one option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mdovalle Newbie

mdovalle   0

Posted
Filed: Other Country: Brazil
 Timeline
  • Author
Posted

Hi mdovalle. 'My wife is in exact situation. Were you able to resolve the issue. Could you give some info?

Hi Katrag. I will need to reapply for F1, since I no longer had the SEVIS record. I will travel and do it abroad.

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Hi boiler. So what will be the status now? If h4 how to change to f1. Should we go through change of status all over again?

Did she enter the US on a different visa and change status to H4?

She indeed has to go thru the cos process in it's entirety.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Katrag Newbie

Katrag   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted

Did she enter the US on a different visa and change status to H4?

She indeed has to go thru the cos process in it's entirety.

Hi KierenHby

She is in H4 from 2015.

In March 2016 applied for H4 Extension (Previous H4 valid until August 2016)

In July went to India and got Stamped for F-1 Visa (Attorney wrote a letter to USCIS aking for cancelling PENDING H4 Extension)

But H4 applied in March 2016 got approved in December 2016 (I don't understand why they didn't notice the withdrawl letter or my wife's travel in July to India)

Any IDEAS on next steps?

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Boiler Grand Master

Boiler   45,510

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Did she seek entry on H or F?

I assumed H.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Katrag Newbie

Katrag   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted

Did she seek entry on H or F?

I assumed H.

Hi Boiler

she seeks an F,

That is why she got it stamped in July 2016 by travelling outside of US to India.

But the old pending H4 Extension (applied in March 2016) got approved in December 2016 (although the attorney sent a letter for withdrawl in July 2016)

On H with the current scenario we are in there won't be work authorization for her. (CPT or OPT)

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Boiler Grand Master

Boiler   45,510

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Ahh now I understand, she got a extension she applied for but did not want.

Hmm well I do not think an extension is a CoS so as she had abandoned her status and reenterred on the F not sure how it could now apply?

But I have never seen such a case, would ask the lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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