Legal Question in Immigration Law in New York

H4 visa to F1 Visa

I am currently on an H4 visa, I plan

to join school from fall and want to

get my F1 visa. If I go out of US to

get my F1 stamping, will my H4 still

be valid? My school starts on Aug

6th, so I guess I will not be able to

enter the US till July 6th, so I was

wondering if I can enter back on my

H4. What happens to my H4 on F1

approval?


Asked on 5/18/09, 10:02 am

1 Answer from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: H4 visa to F1 Visa

I would need more information regarding this case before I can comment on it properly.

As a H-4 visa holder, I am under the impression that you are either the �Spouse� or �Child� of a H1, H2, or H3 visa holder who is a temporary worker here in the US for a period of time.

Is this correct?

With regard to the F-1 and M-1 visas, these are for persons entering America for full-time education. What I would like to know is where will your spouse be living? Will he/she still be here in America?

I am asking you this because part of the criteria for applying for a F1 visa is that you must have sufficient funds available for self support during the entire proposed period of study and immigration will want to see proof.

Moreover, you must maintain a home (residence abroad) while you are here in the US studying in order to get the visa.

Have you received the 1-20 form as yet from the school/college where you plan to attend?

Patricia Martin-Gibbons

Read more
Answered on 5/20/09, 10:25 am


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