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Immigration Issues/Travel to India on F1 - COS but Visa not stamped

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QUESTION: Dear Ajay,

I am currently on F1 visa pursuing Master degree here. I have been in  US with my family for last few years. (My husband is on H1B, my one kid is on F2 as my dependent and the other one is US born). I had changed the status from H4 to F1 within US. The visa is approved but NOT stamped in my passport.

My query is: If I plan to travel to India, is there a possibility that my F1 will be rejected when I go for stamping at US Consulate as the F1 is a non immigration intent visa.

Thanks.

ANSWER: Hi,

The probability is very good that you will be issued the visa as you seem to be careful in maintaining full-time student status. I also assume that your husband's employer has not supported him for employer sponsorship which leads to a green card.

A U.S. citizen child does not indicate an intention to immigrate to the U.S., and although H1B/H4 status allows for an intention to immigrate to the U.S., it is still a nonimmigrant visa. Notify the DSO at your university about your travel plans so that an updated I-20 can be issued if necessary and the DSO can check the SEVIS database to make sure everything is OK.

---------- FOLLOW-UP ----------

QUESTION: My apologies Mr. Arora, You response was absolutely clear but I need little more clarity on the issue.

Yes, I have maintained full-time student status and my husband's employer has not supported him for employer sponsorship which leads to a green card.

My concern was that for F1 status they expect a candidate to show the intention to go back to home country after education which is very difficult to show in my case.

Is my concern valid?

Thanks

Answer
The Consulate knows that you are eligible for H4 visa if it does not issue an F1 visa, and H4 visa will allow you to study as well. My response was based on taking this practical consideration into account.

But of course you can and should take documentation that shows your ties to your home country such as extended family/social ties/property or business or assets/ etc.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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