F1 Stamping in INDIA after H4 to F1 COS done in US

USA F1, F2 Visas - CPT - OPT
1

Hello All

I have a question about my wife upcoming F1 visa stamping. She had a COS approved from H4 to F1 and is going to get her F1 stamped. I had the following questions

  1. If her F1 COS gets rejected can get come back on her H4 visa or that is also rejected? Does she need to get a new h4 stamped to re-enter the US?

  2. She was previously on H1-B for 5 yrs ( i140 not approved) and she decided to pursue her first MS. So she moved to H4. Will the VO question why she can’t she move to H1-B directly instead of trying for F1. What should our response be

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  1. It is up to the visa officer, they may put a stamp called Cancelled without prejudice. If not, then she can.
  2. F1 stamping is very risky, the reason is you are moving from dual intent to non immigrant visa, read Difference Dual Intent vs Non-immigrant intent. You need to answer something with conviction on what you feel is right for you, cannot just answer based on what others say…