Legal Question in Immigration Law in Georgia

My wife is in F1 status and her OPT is ending Dec'13. She is currently volunterring at her university and may be traveling to India next month. She wanted to come back in H4 visa. So my question is does she have to apply for change of status from F1 to H4 while she is still here in US or can she go to India and apply for H4?

Note: She dont have her F1 stamped in her passport as she converted from H4 to F1 2 years ago while she was here in US and never went to India during the interim. Please let me know so we can plan the travel accordingly. Thanks in advance!

Asked on 5/28/13, 1:43 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

She can schedule an interview at the U.S. Consulate in her home country & have the H-4 issued. She will need a copy of your original approval notice & recent pay stubs. I recommend that she bring her approval notices for the F-1, as well.

Make sure you review the U.S. Consulate's website in the country/city in which she plans on applying, as each one has different procedures.

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Answered on 5/29/13, 12:52 pm

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