H4-H1B Denied for FY2014 quota, now plaaning MS and F1 Stamping...risks?

USA L1, L2 Visa
1

hi Saurabh and all,

I am on H4 (I am B.E. Comp. degree holder and have 6 years of IT experience in multiple countries) and recently have got admission to decent and well-accredited school for MS for summer 2014 term (June’2014).

A bit about my current situation :

  •     Current H4 expires in first week of May 2014. Husband's H1B extension has been approved and recently his PERM has been filed too.

  •      Last year a COS for H4-H1 was filed, but was denied based on employer's paperwork/ client letter related reason.

  •     H4 extension was filed in December 2013, while I was in India. (Lawyer was unaware of my India trip.) So, the petition was withdrawn as it became Invalid with my India travel. (The request has been submitted to USCIS.)

  •     New petition for H4 extension has been filed to Vermont Service Center, receipt notice yet to be received. Current estimated processing time is anywhere between the 4-8 months.

Questions:

  1. I plan to go back to home country in April 2014, without waiting for H4 extension approval and directly apply for F1 from home country and come back to US on F1. Are there any chances of F1 approval?

  2. Is it better to apply for COS H4 to F1 here and then attempt for F1 stamping?

  3. Will the VO question about denied H4-H1 petition and could that potentially become an issue?

  4. Will husband’s PERM be an issue?

Thanks in advance for any syggestions that you guys can provide.

2

You should be okay. H-4 denial records have no material value to immigration. Please make sure you are scrupulously honest about all facts including but not limited to your husband’s H-1B, your previous H-4, the H-4 extension denial and reasons, your interest to work in the United States as a qualified professional and choice to return on an F-1 instead of stagnating on an H-4 and finally your husband’s PERM filing. Records will show all these facts on all Department of State computers so be matter-of-fact and state things exactly the way they are.

All the best 



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. [www.chu.edu](http://www.chu.edu/)

-------------------------------------------------------------------------------------------------------------

FIRST ALL INDIA ENTRANCE EXAM FOR STUDENTS IN ASIA AND AFRICA ANNOUNCED FOR BA AND MBA STREAMS. EMAIL [INTERNATIONAL@CHU.EDU](mailto:INTERNATIONAL@CHU.EDU) FOR SYLLABUS AND ENTRANCE FORM

------------------------------------------------------------------------------------------------------------
3

Thank you Dr. Sandeep for your response. I believe you meant H1 denial instead of H4 denial. We do intend to return back to home country and as you said, yes I am going to be honest about all facts. Thanks again.

4

Sorry, yes - I meant H-4 to H-1 denial. You are very welcome, wish you both the very best.

5

Thank you so much Dr. Sandeep.

6

Well, just to update everyone - my F1 stamping was successful. Proper paperwork, straight-forward and factual answers helped! Thanks to Dr. Sandeep for boosting up the confidence level.