F1 stamping in India after COS - risks?

Hi all,

I changed from H4 to F1 visa in July 2014 and have been on F1 since then. I now have to visit India and will have to get visa stamped in order to return to the US. I’ve heard of many cases where people were denied the stamping in such situations. If it is of any relevance, my husband is on H1 visa and had I-140 approved from a previous employer last year, but then he changed his job and the new employer has filed for PERM for him. I have been working on CPT since September 2014 and the reason I applied for F1 was to be able to work on CPT.

Please tell me if it is wise to visit India and what could be the hurdles in getting F1 stamping done? What are the reasons why they might deny stamping?

I really appreciate all the help.


Well, visa stamping is a very tricky thing and it is hard to tell…Typically, if you have everything right, you should be fine for F1 visa stamping. Best thing is everything goes fine and all good. Having said that, the worst thing that can happen to you is that you may have challenges with F1 visa, but you can always come back to US and complete your education on H4 again. You may not be able to work though. Again, you may have to file F1 COS…Unless, there is a dire need, avoid it, if you can at least until you graduate . You must be eligible to get EAD under the new rule on H4. Check with your current employer’s attorney.