F1 Stamping with Approved I-140
Hello,
My husband is on H-1B and his I-140 got recently approved. I have been here on H4 and did COS to F1 last year. Would like to know if:
1. I can go to India for F-1 stamping with your I-140 (EB2) approved?
2. If I cannot get F-1 stamped, can I return to US with your old H4 visa stamp which is still valid on passport?
Thanks!
F1 status requires one to have no intent to immigrate. Since there is an I-140 approved for your husband (therefore you, as a derivative), it might be difficult to get F1.
One can pursue studies in the US on H-4. What is the reason for changing to F-1?
Reason for F-1 is to be eligible to work on F1 OPT without waiting for EAD which will take another 3 yrs.
Also, can I return to India on my old H-4 (which is still valid on my passport) if my F-1 is denied?