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Immigration Issues/F1 COS, stamping needed

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Question
QUESTION: Hello,

My wife came to the US on H4 in Dec 05. She enrolled in a grad. school for a masters in environmental engineering in Aug 06. She started full time studies in Jan 07, she applied for COS to F1 in March 07, so she could avail of OPT.

Now she has applied for OPT and though we dont have the receipt from USCIS, we can read it from the image of the check submitted to them. She will finish her course in Dec 07. She has a full time job offer from a US firm.

Now due to a family emergency, she needs to travel to India, she doesnt want to loose her OPT at any cost. What are her chances if she goes to India for F1 stamping ?

1) She already has a masters from Indian Inst. of Tech. Bombay in the same field.
2) Her course work is about to get over
3) She has a valid H4 visa stamped in her passport.
4) I havent applied for green card.

Please let me know if I need to call you for a telephone consultation.

Thank you
Sudeep

ANSWER: Sudeep,
If she is planning to return before Dec'07 to complete her degree, I feel that she should have a good chance of getting her F-1 visa. Since you have not applied for your green card she is certainly eligible to receive F-1 visa. In the worst case scenario she can come back on H-4 status.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

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

QUESTION: Thanks a lot for the Answer and your time !

How does the following affect her chances :~
1) She already has a masters from Indian Institute of Technology Bombay in the same field.

2) She only has 10-15 days before she completes her degree, so she practically needs the F1 for only 10-15 days of coursework, and a little more than an year if you include the OPT. Can she claim that OPT job is also part of her education ?

3) She has already applied for OPT and she has a job offer from a US based firm.

Please let me know if these questions will be better answered in a paid telephone consultation setting.

Answer
Sudeep,
1) I see no effect, maybe in some remote way proving that she is a student.
2) & 3). As I mentioned earlier she needs the I-20 to be endorsed for her travel, and a letter of employment (related to her field of study) from her employer.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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