Immigration Issues/change of status

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QUESTION: My wife is currently doing MS in Computer Science on H4 visa since Jan 2007. She applied for change of status from H4 to F1 from Nebraska in Feb 2007 and received receipt on March 1, 2007. Still the case is pending.

Mean while she received graduate assistantship for fall 2007 semester which starts on August 24, 2007. So before that change of status must be approved.

I’m regularly checking the processing dates for COS and its showing DEC 2006 since last month as of today.

Questions
•What is the possibility that her change of status will be approved before August 2007

•If her case is not approved by august 2007, she is planning to go to India for applying F1. In order to do that what will happen to current case.

•Can she go to Canada to apply F1


ANSWER: Kailash:

1)Nebraska is taking around 4 months to process such cases. So it would seem that they will be able to adjudicate it before August. 2) If she leaves the country during a change of status the petition would be considered abandoned. She would have to obtain a F-1 visa and reenter the US.  3) She can go to Canada to apply for her F-1 visa.

Sincerely,

Ramasamy Krishnan
www.ashleykrishnan.com


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

QUESTION: My wife's H4 visa is valid till Sept 2009. As you know she has applied for change of status.
My question is
. If she goes to India for F1 stamping and her visa is denied can she come back on H4 or what happens to her H4 status
or
. Her application for change of status is denied due to some reason then what happens to her status.


Answer
Kailash:

She will continue to be on H-4 status and she can return on H-4 visa. Only her change of status request has been denied and not her H-4 status. But I do not see any reason on why her F-1 status request should be denied.

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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