Should I go for MS on H4 or F1?

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Hello, I am planning to attend MS in US. I have the admit, but I am not sure what path has least risk in terms of VISA denial. Please note that earlier I had my B2 rejected, and currently I am not in US. My spouse completed his MS in US and has got his H1B petition approved. Now he is waiting for his change of status from F1 to H1B. Due to COVID-19, this might happen by October. 1. If I apply for F1, there is very very high chance of denial due to earlier B2 denial and my husband being on H1B. Even if I plan to go for F1 consular interview, and if I get denial, can I then go on H4 and then go for H4 to F1 COS? Given that I will have B2 nad F1 denial, will my H4 to F1 get approved? 2. If I choose to go for H4 visa, can I apply for H4 visa on H1B approved notice while H1B change of status is pending? or since his H1B will not be approved before September, in this scenario he needs to travel to get the VISA stamped and only then I can apply for H4? 3. If I come on H4 in October. Can I apply for COS from H4 to F1 in October itself? 4. If I start online class in August, can I arrive US in H4 and immediately apply for COS to F1? 5. Is there any risk in H4 to F1 COS?

Attorney Answers

4
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Far too many questions for a brief, free consultation over the internet. To have all of these (and then some) answered to your satisfaction schedule a paid Skype consultation with the lawyer of your choice.
0 upvotes
F Capriotti 2793192.Html ·
Q: 1. If I apply for F1, there is very very high chance of denial due to earlier B2 denial and my husband being on H1B. Even if I plan to go for F1 consular interview, and if I get denial, can I then go on H4 and then go for H4 to F1 COS? Given that I will have B2 nad F1 denial, will my H4 to F1 get approved? A: Yes, the F will probably be denied, go for the H-4, it doesn't require non-immigrant intent Q 2. If I choose to go for H4 visa, can I apply for H4 visa on H1B approved notice while H1B change of status is pending? or since his H1B will not be approved before September, in this scenario he needs to travel to get the VISA stamped and only then I can apply for H4? A: You have to wait for him to get his H-1B Q: 3. If I come on H4 in October. Can I apply for COS from H4 to F1 in October itself? A: Why would you want to do this? It is a bad idea ... tuition for 'state schools' if more expensive when on F. Q: 4. If I start online class in August, can I arrive US in H4 and immediately apply for COS to F1? A: Don't think about the F ... I know you may be attracted to the work permit option .. but don't be blinded by the problems with an F. Q: 5. Is there any risk in H4 to F1 COS? A: Yes ... many risks. Have a Skype consultation with an attorney, rather than listening to your spouse.
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Tripti Sharma ·
I agree with my colleague. is a great tool for general information on laws but not for individually customized advice.
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Carl Lamb ·
I agree with all three of my colleagues, especially Mr. F. J. Capriotti III, who gave some detailed information. Good luck and stay safe.
0 upvotes