visa questions

Visa Questions

Why the specified University. Which Universities did you apply to (both admits and rejects). Show me your GRE scorecard. Where did you Undergraduate from. Who is sponsoring you. What does your father do. What is your father's Income. How many brothers and sisters do you have. Do you have any relatives in USA. What will you do after completing MS. Show your Experience Certificate. Why Study in USA. Did you got Scholarships. Have you got any Loans. Show your Pass Books/Bank statements. What is your Undergraduate GPA/Percentage.. Parents retired? How will they pay. Tell about your university. Mention some professor names Tell me how can you prove that you are gonna come back ... Where did your brother/parents completed their studies. What's your Religion. Why are you leaving your current job? Have you ever been to US? What will you do after coming back to Home. You have so...brothers and sisters so your fathers saving is for all how will u

finance.. Where do your parents live (If they live in USA). Do you know anyone (in USA) in your University? Do you know anyone in US? What will you do if your Visa is rejected. Will you come back to home during summers. What do you think. Why University is giving Scholarship to you...

Info Regarding VISAApplying for Your Student Visa Students who reside outside the United States and who do not hold permanent residence of citizenship in the United States will usually need to apply for a student visa to study in the US. The information below is from the US State Department Student Visa Information page available at http://travel.state.gov/visa/tempvisitors_types_students2.html.

How Do I Apply for My Student Visa?

In most countries, first time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas. Students should consult Embassy web sites or call for specific application instructions.

Keep in mind that June, July, August, and September are the busiest months in most consular sections, and interview appointments are the most difficult to get during that period. Students need to plan ahead to avoid having to make repeat visits to the Embassy. To the extent possible, students should bring the documents suggested below, as well as any other documents that might help establish their ties to the local community.

When Do I Need to Apply for My Student Visa?

• Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.

• The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time.

• Students should note that Embassies and Consulates are able to issue your student visa 90 days or less, in advance of the course of study registration date. If you apply for your visa more than 90 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required.

• Students may enter the US no earlier 30 days in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the US.

http://travel.state.gov/visa/tempvisitors_types_students2.html.

What is Needed to Apply for a Student Visa?

It is important to remember that applying early and providing the requested documents does not guarantee that a student will receive a visa. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different documents. For that reason, the guidelines that follow are general and can be abridged or expanded by consular officers overseas, depending on each student’s situation.

All applicants for a student visa must provide:

• A Form I-20 obtained from a U.S. college, school or university. Please be sure to give us all four pages of the I-20 form. The form must also be signed by you and by a school official in the appropriate places;

• An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. The DS-156 must be the February 2003 date, either the electronic "e-form application" or the non-electronic version. You may download the DS-156 and other forms online at http://www.state.gov/m/a/dir/c4456.htm.You may also check with the Embassy Consular Section where you will apply to determine if the hard-copy blank DS-156 form is available, should you need it.

• A passport valid for at least six months after your proposed date of entry into the United States;

• One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements (http://travel.state.gov/visa/tempvisitors_info_photo.html).

• A receipt for visa processing fee and a receipt for SEVIS fee. These receipts showing payment of the visa application fee for each applicant, including each child listed in a parent’s passport who is also applying for a U.S. visa, is needed. Follow instructions on your local US embassy or consulate’s website. All visa applicants should be prepared to provide:

• Transcripts and diplomas from previous institutions attended; • Scores from standardized tests required by the educational institution such as the TOEFL, GRE, GMAT, etc.; • Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor own a business, please bring business registration, licenses, etc., and tax documents, as

http://travel.state.gov/visa/tempvisitors_info_photo.html

http://www.state.gov/m/a/dir/c4456.htm.You

well as original bank books and/or statements. Applicants with dependents must also provide:

• Proof of the student’s relationship to his/her spouse and/or children (e.g., marriage and birth certificates.) • It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder’s passport and visa, along with all other required documents. What Items Does a Returning Student Need?

All applicants applying for renewals must submit:

• A passport valid for at least six months; • An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Applications Forms; • A receipt for visa processing fee. A receipt showing payment of the visa application fee for each applicant, including each child listed in a parent’s passport who is also applying for a U.S. visa, is needed; • A new I-20 or an I-20 that has been endorsed on the back by a school official within the past 12 months; All applicants applying for renewals should be prepared to submit: • A certified copy of your grades from the school in which you are enrolled; • Financial documents from you or your sponsor, showing your ability to cover the cost of your schooling. How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

• F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school. • As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad. Don’t Worry!

Simply be on time for your interview with the Embassy and answer all of the visa officer’s questions openly and honestly. US Embassy Contact Information For a list of US Embassy websites, you may go to the US State Department website: http://usembassy.state.gov/ .

ABOUT CREDIT SYSTEM IN US

Semester systemMost US universities have tri-semester system - the fall, spring and summer.

The fall semester (Starts in AUG/SEP)This is the first semester of the year, which starts mid August and is less often called the autumn semester. The academic year begins in this semester and most aid and assistantships are offered during this period. More over most new intake is during this period.

The spring semester (Starts in Jan)Classes begin around the first or second week of January. Most universities (say 85%) admit new students during this semester, but the student intake is less compared to fall. The chance of an aid is lesser but other on-campus part time jobs are available year round, good enough to take care of your living, accommodation and personal expenses. Some universities call this the winter semester.

The summer semester (Starts around.. Beginning of Jun) This is the shortest of the three semesters and spans for a period of two months and usually begins in June. Very few universities have summer intake. Although the university on the whole may have summer intake but make sure the department accepts new students (this is applicable to spring as well). In several cases regular students do not enroll for this semester and work full time on campus (40 hrs/week) or take up industrial training.

The thesis and non-thesis optionThis is mostly applicable to MS students. A thesis option requires taking up a thesis and at the end of which, a dissertation (should have genuine or original idea) has to be presented and defended orally. This is a must for students enrolling to masters programs leading to doctorate (Direct doctorate degree after under graduation). It is advisable for students having a desire, to pursuit up to doctorate level at a later stage, to choose this option. Non-thesis option typically requires a project to be completed by the end of the course. Student's opting the project option on an average graduate in 4 semesters (1.5 years) and with a thesis option it takes on an average two years, with exceptions in both the cases.

What are credit hours?The US system usually allows a student to choose papers (apart from some mandatory basic papers) and each paper will carry certain number of credits say 3 or 4 (in case of project it would be 5 or 6). When the student full fills the required number of credits; he or

http://usembassy.state.gov/

she graduates. In most universities this requisite is 30 to 36 hrs for Non-thesis (usually carries a project) option. But for thesis option this requisite is much lesser, but with a thesis work to be presented.

General Difference between MS and ME

Master of Engineering Degree

Application and practice oriented Accredited Relatively inflexible curriculum due to accreditation requirements Includes both a thesis option and a non-thesis option Thesis standards established by Speed Scientific School Degree granted through Speed Scientific School

Master of Science Degree Research oriented Not accredited (nationally, no engineering M.Sc. degrees are accredited) Flexible curriculum Thesis is required Thesis standards established by the University. Degree granted through the Graduate School

1)

Can one work as a consultant for more than one companywhile on F-1 practical training?

2) If my current F-1 visa has expired, is it possible to obtain F-1visa from Canada/Mexico?

3) What should I do if I am out of status on my F-1?

4) What financial requirements must be met to receive an F visa ?

5) What are the procedures for applying for an F-1 visa ?

6) Must an F-1 student be studying on a full-time basis ?

7) How long can I stay on an F-1 visa ?

8) Can I pursue an F-1 visa if similar training is available in my homecountry?

9) Who can apply for an F-1 visa ?

10)

Can I transfer schools on the same F-1 visa ?

11)

Is an F1 visa holder permitted to start their own business in the US (as a sole proprietorship or corporation)? Is some sort of a USCIS (INS) permit required ?

12)

Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?

13)

Can one work as a consultant for more than one company while on F-1 practical training?

14)

If my current F-1 visa has expired, is it possible to obtain F-1 visa from Canada/Mexico?

15)

What status will my spouse receive?

http://www.immigration.com/faq/fvisa.html#62



























16)

What are the options for off-campus employment?

17)

What are the procedures for pursuing on campus employment?

18)

What if I am changing educational programs but remaining at the same school?

19)


20)

What if I am unable to complete my program by the time indicated on my I-20AB?

21)

Am I in status if I do not study during my schools summer vacation.

22)

Can other non-immigrants pursue studies in the U.S.?

23)

Does this mean I have to leave the United States?

24)

How strong must my English skills be to qualify for the F-1?

25)

I am a student on an F1 visa and I am in the process of applying for an Australian Permanent Residency since my wife is an Australian citizen. I was wondering if there will be any problems because of this if and when I apply for an American green card. I hold an Indian citizenship. So are there any rules like you can be a PR of only one country at a time

26)

How do I apply for F1 status?

27)

Is working permitted on a F1 Visa?

28)

When I was offered a better position from another employer I was on F1 OPT but decided to quit the job as I was offered a better position from another employer. Am I allowed to change jobs with my current status?

29)

Is there a way where I can change my status to F1 to avoid the 6-year cap on H1B, and then change back to H1B status after a year to restart the 6-year clock?

30)

When I came to the US I wan on B2 visa but now I want to change to F1; is this possible?

31)

When can I file for change of status to H1B?

32)

I received an I20 from university of misssouri rolla.I have some queries regarding the present condition of

































F1 visas for US in view of the post war attacks.1 .How many F1 visas are sanctioned for the december 2001?how many F1 visas are sanctioned for the december 2001? 2 .Will there be any tough policies that are being newly included in visa processing?3 .Is there any better period in which I could apply for visa?

33)

Can I apply for an F1 visa immediately, or do i need to obtain a waiver to apply for an F1?

34)

Can I apply for an F1 visa immediately, or do i need to obtain a waiver to apply for an F1 also If i am eligible to apply for an F1 (without waiver), do i require the waiver to change status to an H1b at a later stage, after graduation on F1?

35)

I am presently on F-1(student) visa and have graduated in December '2001.Through my husband's employer , we have filed for I-485 in Dec' 2001.I want to know whether i must apply for my OPT or is I-485 application good enough to keep me in status.

36)

I am a green card holder and my fiance is F-1 status and would finish his school in July 2002. We are planning to go to India in May and get married. I have heard that when an F-1 visa holder gets married to a green card holder, one needs to be extra cautious as the "intent" may be questioned at the port of entry. Could you please let us know if this is something we need to be worried about? Also, would it be in any way beneficial if we get "briefly" married in US in court before going to India in May. Would getting married here in U.S. be in any way helpful when we apply for his green card based on our marriage?

37)

Do we have to tell the immigration officer at the airport at the time of our arrival in USA that we intend to study in the U.S.A (if we enter on B1/B2 visa) and will they change our status to F-1 at the airport?

38)

I am recently on H1B and got accepted to a grad school. I will be switching to F1. Do I need to leave the country (Canada/Mexico) in order to get a stamp of F1 visa? Q1. Can I just get I-20 and be considered switched? Q2. When do I need to start the process?

39)

I was on F1 and worked for IBM on practical training and now I got my visa status converted to H1B. Is F1 to H1B conversion liable for stamping in US. If yes what is the procedure?

40)

I came to the United States on H-4 visa and converted to F-1 recently. I am planning to go to my Home Country
























to get my visa stamped in my passport.Can I go to a country other than my Home Country for the visa stamping?

41)

I am a citizen of India.I am in the US on F1 status.I came here last August.I have a valid visa up to 5 years that is up to 2006.Recently I lost my passport and I got duplicate passport from Indian embassy in New York.But for my visa to be stamped again on my passpor twhat is the procedure to be followed. Can I get my visa stamped from here? Or should I go out of country?

42)

I own a State of California approved construction school and have been asked to supply a I-20 form for an African student who wants to come here to become a heavy equipment operator. How do I go about issuing a I-20 form so he can get his visa?

43)

1.For a F1 student who converts to H1 after the degree, my understanding is that he can immediately join the employment once the H1 is received, and stamping can be done whenever he goes to India next time.Is this true?2.In the above case, if the student is already working on a student EAD post degree internship, and if some company applies for a H1, is it O.K. to join the new company immediately and STAMP only next time when they go to India.

44)

I am on F-1 visa (student visa). Can I apply for green card (Permanent Residency)?

45)

My wife is here on H4 visa. Is she allowed for the study on H4 or we need to get Student visa for study.

46)

My mother file petition on behalf of me to apply for immigration in 1997. My case belong to family-based category F2B. My mother changed her status( got citizenship) two months ago. do I need to re-lodge my appliction and put it at the end of the waiting list of F1 or get PR immediately? If I want to marry with my girl friend now, is my wife benefitted on my application?

47)

I am currently on F-1 OPT status and have just received the approval notice for H-1B Visa with the company I am currently working for. However my OPT expires only in Fall and I am interested in a summer project at another company. Can I work for the other company using my

















OPT employment authorization during the summer? Do I have to keep my OPT status with my current company for this to work or am I required to switch to H-1B status? Does the latter invalidate my OPT employment authorization document?

48)

I am holding an OPT card right now.1. Is it true that I can stay in US for 60 days after the expiration of the OPT card?2.If not, can I stay in US in the timespan when my H1 approval is in process and my OPT gets expired?

49)

I am already in the US and was going to school Full-time. I was on F-1 visa. My F-1 has now expired. I have my Optional Practical Training (OPT), which is vaild until September 2004. I recently graduated and now looking for a job.Now, I am planning to go to India and get married. My fiance' (and future husband) is also in US and is on H-1B visa (work visa). So, after the wedding, I will apply for a dependent visa (H-4 visa) and come back to US on H-4 visa. Now, will my OPT be still valid if I get my H-4?

50)

I am currently on F-1 visa. From Jan 2001 - Sep 2002, I was on H1 visa .I will be graduating in May 2004 and after that I will be on OPT for an year. In between the OPT period if I apply for an H1 visa, will my new H1 visa be for 6 years or will the period be subtracted from the duration? And will my prior work experience in India and US count while applying for a green card?

51)

I am getting my status changed from H4 to F1 and I am currently in the USA. Is it possible to get F1 stamped in the USA, like you do for H1 extensions, and thus avoid F1 stamping from India?

52)

Does the I-20 we receive from schools imply F1 visa or does F1 apply only if we join school with an I-20?

53)

1. I am planning for higher education in US for Fall'05 and hence will be seeking F-1 during March'05. My wife is software engineer and will be filing for H-1 by next month (May'04). Will our applications hold valid?

2. Is it possible that I study on F-1 & my wife works on H-1?


















54)

I am on F-1 Visa, my OPT expires on June 04 and I have found an employer ready to file H-1 and I know I wont be allowed to work before October 1'st even if my H-1 gets approved with premium process, so my concern is there any way that I will be allowed to work on L-1 visa if that exists.

55)

My wife is studying in the US on an H4 visa and she has currently travelled to India to get a F1 visa. If her F1 gets rejected, how long does she have to wait before she can apply for an H4 visa (assuming that the original H4 visa was cancelled by the Visa consulate when she applied for F1 visa interview)

56)

I have an H-4 visa stamped in my passport. I have applied for a change of status to F-1. If I apply for my F-1 visa to be stamped in my passport at the US Consulate in my home country, and it is denied, will I be able to return to the US with the H-4 visa stamped in my passport?

57)

How long will it take if I convert from an F1 to H4 visa and will I have to maintain F1 status till I get my H4 visa?

58)

1. If I have an F-1 stamped in my passport but have not made my initial entry, can I apply for a H-4 without issues?

59)

This is in reference to my H1B visa. I am on OPT right now and planning to visit India after 5-6 days. I got a job offer from a consulting company and they filed for my H1. I am supposed to join them after coming back from India in January. However, I tracked my status from my LIN and it says on the USCIS site that my case has been approved. But, I haven't received my approval notice yet. I am wondering if I do not get the approval notice before I leave or can I come back on F1?

60)

In 1997 (one year before I got my F1 visa in 1998), I applied for an F1 visa and the visa officer said that he cannot give me a visa at the current time then he stamped the last page of my passport with the date and wrote 221-g right below that. My question now is how should I answer item 31 (Yes or No) and Does that reflect somebody's chances to get an H1b stamp?















61)

I will be on F1 status while my husband will be submitting his Green Card application. Will it create any problems for me to get H1B before his green card is approved?

62)

I am on a F1 visa.My visa is valid until May 2007.I am still active student and meeting all the requirements of F1 visa. My husband's attorney for some reason when filing for his H1B extension, also filed for my extension through form I539. With my husband's H1B approval they issued a H4 approval for me for the same period as his.Does receiving a H4 approval with a new I94( which expires in February 2005), change my F1 status.If so what should I do to get back on F1 status.

Q1

Can one work as a consultant for more than one companywhile on F-1 practical training?

A1

Employment Authorization allows just about any type of employment in theUSA, if he/she has an EAD card. But rules for practical training havechanged in the not-too-long-ago past. Please check with yourforeign student advisor at last school for a copy of the rules.

[Index] [Compiled by Law Offices of Rajiv S Khanna]

Q2

If my current F-1 visa has expired, is it possible to obtain F-1visa from Canada/Mexico?

A2

It is possible, but difficult. There are several factors that go intothe likelihood of success. If you already possess F-1 visa from yourhome country (and it has expired); if the completion of your course isnot taking an inordinately long time; if you have not been out of status andif the consular officer is convinced of your good intentions,you MAY get the visa.


Q3 What should I do if I am out of status on my F-1?

A3 You should be able to regain status through departure and re-entering usinga valid F-1 visa and Form I-20 (student copy) validated by your

http://www.immigration.com/index.html

http://www.immigration.com/faq/fvisa.html#F







foreignstudent adviser if you can convince the USCIS (INS) of the following:

1) the status violation resulted from circumstances beyond your control orthat failure to receive reinstatement would result in extreme hardshipto you;2) you currently are pursuing or intend to pursue a full course of study atthe school listed on the I-20;3) you have not engaged in unauthorized employment; and4) you are not otherwise deportable.


Q4

What financial requirements must be met to receive an F visa ?

A4

The applicant must demonstrate adequate financial support to cover him/herthrough the entire academic program will be available and that adequatefunds are currently available for the coming academic year. Acceptableevidence may include school financial aid, personal and family funds andgovernment assistance. Anticipated earnings from employment during schoolmay not be used to show adequate financial resources.


Q5 What are the procedures for applying for an F-1 visa ?

A5

Unlike most non-immigrant visas, it is not necessary to obtain priorclearance from the USCIS (INS). Rather, the student must obtain an I-20 A-BCertificate of Eligibility from the school where the student intends to enroll and submit together with the OF-156 Non-Immigrant Visa form andsupporting documentation regarding financial resources evidencing an intent to return to the students home country to a U.S. Consulatein the students home country. After the visa is issued, the student applies at the U.S. border for admission. If the applicant is alreadyin the U.S. in another non-immigrant status, the student applies to the USCIS (INS).


Q6 Must an F-1 student be studying on a full-time basis ?







A6

Yes. At the undergraduate level, this normally means at least 12 academic hours.Graduate level full-time is left to the school to define(especially since work on a thesis or dissertation may constitute full-timework even though no credit hours are being taken).


Q7 How long can I stay on an F-1 visa ?

A7

Foreign students are permitted to stay in the U.S. for the entire period ofenrollment in an academic program plus any period of authorized practicaltraining and a 60-day grace period to depart the U.S. The whole period isnormally referred to as duration of status and is noted on the I-94 asD/S. The student must complete the academic program prior to the date ofexpiration listed by the designated school official on the I-20AB (a formissued by the school). Do note, however, that you must carry a full timecourse load (except if you are in your last semester of study). See thefollowing answer.


Q8

Can I pursue an F-1 visa if similar training is available in my homecountry?

A8

Yes. However, to pursue practical training, such training must not beavailable in the aliens home country. In most cases, however, USCIS (INS) doesnot make a big issues of it.


Q9 Who can apply for an F-1 visa ?

A9 Any alien who has applied to and been accepted to enroll on a full-timebasis in an academic education program which has been approved by the USCIS (INS)to accept F-1 applicants is eligible to apply if the student is proficientin English or engaged in English language courses leading to Englishproficiency. The alien must also demonstrate sufficient financial resourcesto study without having to work and he or she must also show that







there isno intent to abandon residency in the students home country. Aliens whoare already in the U.S. in a valid status may apply for adjustment ofstatus to student status. See answer below.


Q10 Can I transfer schools on the same F-1 visa ?

A10

Yes, if you are currently a genuine nonimmigrant student, you may have beenpursuing a full course of study at the school you were last authorized toattend during the term immediately preceding the transfer, you intend to bea full-time student at the new school and you are financially able to attendthe new school.

When you seek a transfer, you must notify the present school of the transferand obtain the I-20 AB from the new school. You must complete the StudentCertification portion of the I-20AB and deliver it to the foreign studentofficer at the new school within 15 days of beginning attendance at the newschool. The foreign student officer will endorse the transfer on your I-20copy and return it to you. The foreign student officer then sends theoriginal I-20 to the USCIS (INS) and a copy to the old school.


Q11

Is an F1 visa holder permitted to start their own business in the US (as a sole proprietorship or corporation)? Is some sort of a USCIS (INS) permit required ?

A11 While the possible permutations/combinations are many, overall, an F-1student cannot engage in business. There are restrictions againstoff-campus employment and against unauthorized employment.

Technically, it may be possible to form a corporation, obtain pre or postcompletion employment authorization and then have the corporation hireyou as an employee, but here is the catch-22 as I understand the law:while it is permissible tostart your own company, it is NOT permissible to derive profit(including accrued profits or future profits) from it. The regulations





for unauthorized employment define employment broadly. Thus, owning acompany for almost any benefit could amount to unauthorized employment.

Next logical question. Can you invest in stock exchange and deriveprofit. The answer: that should be permissible. That is just likegetting interest from the bank.

The distinction IMHO seems to be the distance between investment andcontrol. The closer you are to control of the corporation, the morelikely it is that your employment on F-1 is unauthorized.


Q12


A12

Yes [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q13

Can one work as a consultant for more than one company while on F-1 practical training?

A13

] Employment Authorization allows just about any type of employment in the USA, if he/she has an EAD card. But rules for practical training have changed in the not-too-long-ago past. Please check with your foreign student advisor at last school for a copy of the rules. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q14

If my current F-1 visa has expired, is it possible to obtain F-1 visa from Canada/Mexico?

A14 Ans:-[From Rajiv S. Khanna, [email protected]] It is possible, but difficult. There are several factors that go into the likelihood of success. If you already possess F-1 visa from your home country (and it has expired); if the completion of your course is not taking an inordinately long time; if you have not been out of status and if the consular officer is convinced of your good intentions, you MAY get the visa.

Vancouver, Canada------------------

[From: "Rajesh G. Parekh" [email protected]]Dear Rajiv,I just got back from my trip to Vancouver B.C. The good news is that I got my F-1 visa renewed. I was not asked too many questions. I went there at about 7 am and they started taking people in at 8 am. My







appointment was for 9 am. I got a token number (based on appointment). My interview was conducted at 11:40 am. The consular officer asked me the purpose of my visit and then asked for my transcript. She asked a question about the grading scheme, asked if I was on a scholarship and asked me to pay $100 and return the next day for the visa. Just a few things you need to be careful about ---

1. There is a $20 processing fee and the Vancouver office does not give change.

2. You must try and be there early as the queue does become quite long. I presume that it is the same queue for both immigrant and non-immigrant visas. The two groups are ofcourse interviewed separately but the initial processing of forms is done by the same person.

3. Once you have submitted your application and are made to sit in the waiting room please do not leave the room for any reason whatsoever. There was this one guard who was particularly rude and rough on people who stepped out to go to the rest room. I understand that they are possibly concerned about security.

I had taken the following documents with me

1. Appointment letter 2. Passport, I-20, I-94 3. Letter of intent (financial aid) 4. Letter from the conference organizing committee (I plan to

attend a conference in France) 5. Letter from my advisor (describing my research and teaching

accomplishments) and explaining why the conference is important for me

6. Letter from my chairman (again evaluating me as a student and also my performance as a TA)

7. Letter of full-time enrollment (from the International Students office)

8. Statement of support from my father (on stamp paper stating that he would be willing to bear my tuition and living expenses in case the need arose)

9. A statement of my father's assets and flat in India. 10. Official transcripts from ISU 11. Pay stubs (TA pay checks) 12. My bank account statement 13. Official degree certificates (BE and MS) 14. Miscellaneous documents (don't know if they are really

necessary) photocopies of awards, certificates; TOEFL scores; 1995 tax return; clippings on job openings in India; Letters written by my parents;

I must thank you for talking to me over phone and advising me on the visa issue.Best Regards,

- Rajesh


Q15 What status will my spouse receive?

A15

] A dependent spouse and children (under age 21) are eligible for an F-2 visa valid for as long as the F-1 is in valid status. F-2s may study on a full time or part time basis, but may not receive financial aid or engage in employment. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q16 What are the options for off-campus employment?

A16 The pilot off-campus employment program available since 1990 will expire on September 30, 1994 and, as far as I have been able to determine, has not been renewed.

Off campus employment is still available in cases of severe economic hardship. You must meet the following conditions to pursue off-campus employment:

- you are in good academic standing and are studying full-time; - you can show severe economic hardship (the following may be acceptable): - loss of financial aid or on-campus employment through no fault of the student; - major currency fluctuations - inordinate tuition or living expense increases; - unexpected financial changes in the students source of support; - unexpected expenses - on-campus employment opportunities are unavailable; - one academic year has been completed; - the foreign student advisor recommends work authorization

To obtain work authorization, Forms I-538 must be submitted to the foreign student advisor for certification. The student must submit to the local USCIS (INS) office the certified I-538, Form I-20 (student copy), Form I-765, a filing fee for the I-765 (see list of fees in the FAQ), and supporting evidence showing economic hardship.

If approved, the student will receive a one-year employment authorization card permitting up to 20 hours/week of work. Employment authorization may be available under the curricular practical training program if the proposed employment is an integral or important part of the F-1s curriculum. Any employment required for a degree qualifies, but the employment need not be a prerequisite for the degree in order to get CPT if the course credit is available for the employment, CPT is listed in the schools course handbook and a faculty member oversees the course. Where employment is required for an undergraduate degree, 9 months of study must be completed. Where employment is required for a graduate degree, employment





may begin right away.

Where employment is not required, 9 months of study must be completed, regardless of whether the student is at the undergraduate or graduate level. To apply, the foreign student adviser will mark on the back of the students copy of the I-20AB whether the authorized work is full or part time. If part time, only 20 hours/week of work are allowed. Full time work is possible and enrollment is not necessary. There is no time limit on this type of employment, though eligibility for post-completion practical training is lost if curricular practical training lasts more than 12 months.

Optional practical training is available either before or after graduation for a total period of up to twelve months.

Pre-graduation and post-graduation training periods are added together to determine if 12 months are exceeded. Part time work is counted as one-half the amount of time of full time work. The training must be in the students educational field.

Pre-graduation practical training is available during the school year if employment is less than 20 hours per week and the student has been enrolled for at least 9 months. Post-graduation practical training is available upon completion of required course work or when the course of study is complete. While engaging in post-graduation practical training, the student may enroll in school on a part time basis.

If a student returns home for five months or more and returns to engage in a new course of studies, the student gets 12 more months of employment authorization. But if a student merely transfers schools, he or she will have to get new employment authorization and will have to split the 12 months between the schools. To obtain practical training, the student must apply to the foreign student adviser to endorse Form I-538. The student then applies directly to the local USCIS (INS) office for an employment authorization document (EAD) by filing Form I765 with fee and Form I-538.

You may apply for post-graduation practical training as early as 90 days prior to completion or 30 days after. The USCIS (INS) will issue the EAD effective from the date of completion of studies or the date on which the EAD is created - whichever is later. An employment offer is not required. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q17

What are the procedures for pursuing on campus employment?

A17 Any F-1 who is maintaining status may work on the schools campus for up to 20 hours/week during school and full-time during breaks.



On-campus employment may not displace US workers, but no proof of this is required. The basic test is whether the position is traditionally filled by students or workers.

Most schools require you to receive authorization from your foreign student advisor, but USCIS (INS) permission is not necessary. For graduate students, on-campus employment includes employment by employers off-campus which have an educational affiliation or research contract relationship with your school. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q18

What if I am changing educational programs but remaining at the same school?

A18

If you are changing programs (e.g. B.S. to M.S.), the student must apply for a new I-20AB for the new program and submit to the foreign student advisor within 15 days of beginning the new program. The foreign student advisor will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the USCIS (INS) service center within 30 days. Your permission to work off campus is not affected. If you are simply changing majors, but pursuing the same degree, no notification is required. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q19


A19

Yes [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q20

What if I am unable to complete my program by the time indicated on my I-20AB?

A20

You must apply to your foreign student advisor for an F-1 extension within 30 days preceding the expiration of your I-20AB. You are eligible for an extension if 1) your application is timely; 2) you have maintained your status without violation; and 3) you can demonstrate that the need for an extension is due to compelling medical or academic reasons. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q21

Am I in status if I do not study during my schools summer vacation.

A21

Yes, if you are eligible and intend to return to school in the next term. You may take a vacation at any point after an academic year is completed, but two vacation terms may not be taken consecutively and vacation time may not be accumulated. [Index] [Compiled by Law Offices of Rajiv S Khanna]











Q22 Can other non-immigrants pursue studies in the U.S.?

A22

Yes. Dependents of A, G, H, L, E, and I aliens may study on a full- or part-time basis. Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue incidental educational activities as long as the educational activity is not the aliens primary activity.

Note, however, all categories stated above are NOT necessarily permitted to obtain assistantship type benefits from school. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q23 Does this mean I have to leave the United States?

A23

Yes! Since you lost your work permit and your visa, you are not allowed to work in the United States any longer, unless you have another visa like an H-1B. If you have a visitor visa (B-1, B-2), you can certainly stay, but your are not allowed to work any longer. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q24 How strong must my English skills be to qualify for the F-1?

A24

The school must certify that the prospective student has proficiency in English (usually demonstrated by passing an English proficiency examination like the TOEFL) or the student will be enrolled in courses in a language in which the student is proficient or the student will be enrolled in a full course of study consisting of both academic courses and English instruction or the student is enrolled in a language training program constituting a full course of study. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q25

I am a student on an F1 visa and I am in the process of applying for an Australian Permanent Residency since my wife is an Australian citizen. I was wondering if there will be any problems because of this if and when I apply for an American green card. I hold an Indian citizenship. So are there any rules like you can be a PR of only one country at a time?

A25

There is no such rule. All what U.S. laws require is that for your GC, your permanent residence in fact must be U.S [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q26 How do I apply for F1 status?

A26 Contact schools for the application materials. Each school has a Designated School Official (DSO), often referred to as the International Student Advisor, who can help you with the process, advise you if any English language proficiency tests may be needed, and so forth. The DSO fills out a form called an I-20 that indicates the expected duration of the study program, the costs, and other









information. These items have to be submitted to the U.S. consulate in the F1 visa applicant's home country, if applying for the F1 visa overseas, or to USCIS (INS) if applying for a change of status to F1 while in the U.S. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q27 Is working permitted on a F1 Visa?

A27

You will be authorized to work for a specified period of time only if you are granted either Optional Practical Training or Curricular Practical Training. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q28

When I was offered a better position from another employer I was on F1 OPT but decided to quit the job as I was offered a better position from another employer. Am I allowed to change jobs with my current status?

A28

Yes you can work for any employer under F1 OPT, since you have been granted an Employment Authorization Card (EAD), to work in connection with the education obtained in the U.S. You will be legally considered to hold F1 status until sixty days past the expiration of your EAD card. You cannot work after the EAD expires. If you wish to remain longer and work in the U.S., an employer should file an H1B petition for you before that 60-day period ends, or consider another valid work status. You would be allowed to remain in the U.S., but not work, while the petition for the change of status is pending. Or you can leave the U.S. and wait abroad until the H1B or other non-immigrant petition is approved, and then apply for the H1B or other relevant visa to come back to the U.S. and take up the job. You can consult an attorney for help. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q29

Is there a way where I can change my status to F1 to avoid the 6-year cap on H1B, and then change back to H1B status after a year to restart the 6-year clock?

A29

Not possible. After 6 years on H1B, the only way to restart the clock for the entire 6-year term on H1B is to leave the country for one year. Please note that under certain circumstances (relating to particular stages of the Green Card process), a person may be able to obtain an extension beyond the 6 years, without leaving the U.S., under ACTA. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q30

When I came to the US I wan on B2 visa but now I want to change to F1; is this possible?

A30 Yes it is technically possible, but it may not be desirable, as there could be risks in re-entering the U.S. after foreign travel. Therefore it is better to avoid switching from B2 to F1, especially soon after entry into the U.S., even if the USCIS (INS) initially approves the change of









status to F1. For a situation like this you can contact an attorney. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q31 When can I file for change of status to H1B?

A31

You can file for a change of status from F1 to H1B at any time, provided you have met the requirements for a specialty occupation and satisfied the criteria for eligibility of an H1B status. Since the H1B requires a Bachelor's degree, if you are in a Bachelor's degree program on an F1, you would need to complete your studies first, unless you already earned a Bachelor's degree (equivalent to the U.S. Bachelor's degree) in the home country before. (Not all foreign degrees will equate to a U.S. Bachelor's degree. There are various factors, including number of years of study and nature of the courses. Credentials evaluations are recommended for persons who do not possess a U.S. degree.) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q32

I received an I20 from university of misssouri rolla.I have some queries regarding the present condition of F1 visas for US in view of the post war attacks.

A31

1. How many F1 visas are sanctioned for the december 2001? ++++++++++++No limit. 2.Will there be any tough policies that are being newly included in visa processing? +++++++++++++++++++++Not really. 3.Is there any better period in which I could apply for visa? ++++++++++++++++++++Impossible to say. But I do not think so. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q34

Can i apply for an F1 visa immediately, or do i need to obtain a waiver to apply for an F1 also If I am eligible to apply for an F1 (without waiver), do I require the waiver to change status to an H1b at a later stage, after graduation on F1

A34

You do not need a waiver to apply for F-1. Waiver will be needed if you ever want to convert to H, L or Green Card. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q35

I am presently on F-1(student) visa and have graduated in December '2001.Through my husband's employer , we have filed for I-485 in Dec' 2001.I want to know whether i must apply for my OPT or is I-485 application good enough to keep me in status.

A35

485 is good enough. [Index] [Compiled by Law Offices of Rajiv S Khanna]











Q36

I am a green card holder and my fiance is F-1 status and would finish his school in July 2002. We are planning to go to India in May and get married. I have heard that when an F-1 visa holder gets married to a green card holder, one needs to be extra cautious as the "intent" may be questioned at the port of entry. Could you please let us know if this is something we need to be worried about? Also, would it be in any way beneficial if we get "briefly" married in US in court before going to India in May. Would getting married here in U.S. be in any way helpful when we apply for his green card based on our marriage?

A36

Marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize his plan to re-enter in F-1 status if you proceed as planned. It is irrelevant for these purposes where you marry. Consult an anttoney on all the possible ramifications of the impending marriage. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q37

Do we have to tell the immigration officer at the airport at the time of our arrival in USA that we intend to study in the U.S.A (if we enter on B1/B2 visa) and will they change our status to F-1 at the airport?

A37

They will not change at the airport, but if you want to apply for a change of status from B to F-1 later, you have to declare it at the airport to the USCIS (INS). [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q38

I am recently on H1B and got accepted to a grad school. I will be switching to F1. Do I need to leave the country (Canada/Mexico) in order to get a stamp of F1 visa? Q1. Can I just get I-20 and be considered switched?Q2. When do I need to start the process?

A38 An F visa stamp is always obtained from outside USA. But your stay in USA is not governed by a visa stamp. It is governed by a valid F-1 status as shown by an F status I-94 issued by USCIS (INS).A1. No. Because your I-94 will not reflect that you are now on F status. There are only two ways to get the F status: One, apply to USCIS (INS) using Form I-539 for a change of status from H to F status. Note that this will have a reasonable chance of success only if when you apply for the F status, you are maintaining H status AND you have never had a green card application started for you. Two, you can take your I-20 and go to your home country for an F visa stamp. If you get the visa stamp, you can reenter USA showing USCIS (INS) the F visa stamp. At that point, USCIS (INS) will issue you an I-94 granting you F status. You can try getting the stamp from Canada/Mexico but if the stamp is denied, you may not have a valid





status to enter USA. then your only choice may be to fly back to your home country for F visa stamping. A2. As soon as possible. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q39

I was on F1 and worked for IBM on practical training and now I got my visa status converted to H1B. Is F1 to H1B conversion liable for stamping in US. If yes what is the procedure?

A39

First time stamping of H-1 visa has to be outside USA. [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q40

I came to the United States on H-4 visa and converted to F-1 recently. I am planning to go to my Home Country to get my visa stamped in my passport.Can I go to a country other than my Home Country for the visa stamping?

A40

Yes, you can but if your visa gets denied you may not be able to reenter the United States. You may then be required to apply for H-4 visa again from your Home Country or the Country which rejected your visa. You can of course come back and reapply for adjustment of status to F-1 [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q41

I am a citizen of India.I am in the US on F1 status.I came here last August.I have a valid visa up to 5 years that is up to 2006.Recently I lost my passport and I got duplicate passport from Indian embassy in New York.But for my visa to be stamped again on my passpor twhat is the procedure to be followed. Can I get my visa stamped from here? Or should I go out of country?

A41

Has to be outside USA.Preferably from the consulate that first issued the visa. (Posted on 24th October 2002) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q42

I own a State of California approved construction school and have been asked to supply a I-20 form for an African student who wants to come here to become a heavy equipment operator. How do I go about issuing a I-20 form so he can get his visa?

A42

Only education institutions previously approved by USCIS (INS) may issue an I-20 for student visas. You cannot issue a form. (Posted on 05 December 2002) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q43 1.For a F1 student who converts to H1 after the degree, my











understanding is that he can immediately join the employment once the H1 is received, and stamping can be done whenever he goes to India next time.Is this true?2.In the above case, if the student is already working on a student EAD post degree internship, and if some company applies for a H1, is it O.K. to join the new company immediately and STAMP only next time when they go to India.

A43

1. Yes, if USCIS (INS) gives him a new I-94 along with the H-1 approval. . 2.Prior stamping is necessary only if USCIS (INS) does not give an I-94 with the H-1 approval. If an I-94 (adjustment of status) is received, the employee can start work immediately after approval of the H-1. (Posted on 06 December 2002) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q44

I am on F-1 visa (student visa). Can I apply for green card (Permanent Residency)?

A44

There is no law that prohibits an F-1, J-1, F-2, or J-2 visa holder from applying for a green card directly. But as a practical matter it takes a long time to obtain a green card in most cases. Therefore, even if you begin your green card process while you are on F or J status you will probably be required to convert to H-1 due to lack of time. Conversion to H-1 during green card pendency is no problem.

One more issue that you have to bear in mind is that F and J visas do not allow you to possess immigrant intent. Therefore, if you travel abroad during the pendency of the green card or if you need to obtain F or J visa stamped, you could have trouble because filing for green card you would have established immigrant intent.

Bottomline: You could apply for green card while holding F or J status but in all probability you will have to obtain an H-1. You can obtain permanent residency under one of the following categories: http://www.immigration.com/residency/ (Posted on 20 December 2002) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q45

My wife is here on H4 visa. Is she allowed for the study on H4 or we need to get Student visa for study.

A45

She can study on H-4. But she can not get assistantships or work authorizations that may be available to F-1/J-1 students.

(Posted on 11 April 2003) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q46 My mother file petition on behalf of me to apply for immigration in 1997. My case belong to family-based





http://www.immigration.com/residency/



category F2B. My mother changed her status( got citizenship) two months ago. do I need to re-lodge my appliction and put it at the end of the waiting list of F1 or get PR immediately? If I want to marry with my girl friend now, is my wife benefitted on my application?

A46

Your application should be upgraded by sending USCIS (INS) a copy of your mother's Naturalization certificate and requesting an upgrade. If your priority date is current (check theVisa Bulletin ), you may also be eligible to apply for adjustment of status (Form I-485 package).


Q47

I am currently on F-1 OPT status and have just received the approval notice for H-1B Visa with the company I am currently working for. However my OPT expires only in Fall and I am interested in a summer project at another company. Can I work for the other company using my OPT employment authorization during the summer? Do I have to keep my OPT status with my current company for this to work or am I required to switch to H-1B status? Does the latter invalidate my OPT employment authorization document?

A47

When you receive an H-1 adjustment of status effective immediately, you are no longer on F-1, and can no longer use that status.Two make the situation clearer, there can be two exceptions:1. Your H-1 was approved effective a date in the future. In that case, you are still currently on F-1 and may use that status.Or 2, You received H-1 approval but did not receive a change of status (that means a new I-94 attached to the bottom of your H-1 approval notice). In that case also, you are still currently on F-1 and may use that status.

(Posted on 05 May 2003) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q48

I am holding an OPT card right now.1. Is it true that I can stay in US for 60 days after the expiration of the OPT card?2.If not, can I stay in US in the timespan when my H1 approval is in process and my OPT gets expired?

A48 1.If you were on F-1, yes2.If the H-1 has been timely and properly filed, you can continue to stay in USA, but you cannot work after your EAD expires, until approval of H-1. The best course of action may be to convert your H-1 to premium processing so that the approval can be expedited.On the other hand you may file H-1 change of status during the 60-days grace period. USCIS has been inconsistent in adjudication this





http://www.immigration.com/newsletter/vbarchive.html

type of cases.There have been occasions where they have taken the position that the 60 days grace period is to permit an orderly departure from USA. We think that is a legally incorrect position. Nevertheless, it is best to file an H-1 under premium processing if you are in the 60-days grace period.

(Posted on 15 September 2003) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q49

I am already in the US and was going to school Full-time. I was on F-1 visa. My F-1 has now expired. I have my Optional Practical Training (OPT), which is vaild until September 2004. I recently graduated and now looking for a job.Now, I am planning to go to India and get married. My fiance' (and future husband) is also in US and is on H-1B visa (work visa). So, after the wedding, I will apply for a dependent visa (H-4 visa) and come back to US on H-4 visa. Now, will my OPT be still valid if I get my H-4?

A49

No, it will no longer be valid.

(Posted on 21 October 2003) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q50

I am currently on F-1 visa. From Jan 2001 - Sep 2002, I was on H1 visa .I will be graduating in May 2004 and after that I will be on OPT for an year. In between the OPT period if I apply for an H1 visa, will my new H1 visa be for 6 years or will the period be subtracted from the duration? And will my prior work experience in India and US count while applying for a green card?

A50

All H-1 and L-1 stays will be counted towards the 6 years, unless you have been outside USA for one year.And Yes your prior work experience in India and US will count while applying for a green card.

(Posted on 19 January 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q51

I am getting my status changed from H4 to F1 and I am currently in the USA. Is it possible to get F1 stamped in the USA, like you do for H1 extensions, and thus avoid F1 stamping from India?

A51

Not possible.


Q52 Does the I-20 we receive from schools imply F1 visa or does









F1 apply only if we join school with an I-20?

A52

F-1 change of status has to be applied for from CIS (Form I-539). Mere issuance of I-20 means nothing.

(Posted on 09 March 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q53

1. I am planning for higher education in US for Fall'05 and hence will be seeking F-1 during March'05. My wife is software engineer and will be filing for H-1 by next month (May'04). Will our applications hold valid?

2. Is it possible that I study on F-1 & my wife works on H-1?

A53

1. Yes.2. Yes.


Q54

I am on F-1 Visa, my OPT expires on June 04 and I have found an employer ready to file H-1 and I know I wont be allowed to work before October 1'st even if my H-1 gets approved with premium process, so my concern is there any way that I will be allowed to work on L-1 visa if that exists.

A54

L-1 does no apply to your case unless you have worked for a foreign branch of the US employer for one year out of the last three.

(Posted on 08 June 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q55

My wife is studying in the US on an H4 visa and she has currently travelled to India to get a F1 visa. If her F1 gets rejected, how long does she have to wait before she can apply for an H4 visa (assuming that the original H4 visa was cancelled by the Visa consulate when she applied for F1 visa interview)

A55

She can apply right away. There is no wait.

(Posted on 16 August 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q56

I have an H-4 visa stamped in my passport. I have applied for a change of status to F-1. If I apply for my F-1 visa to be stamped in my passport at the US Consulate in my home country, and it is denied, will I be able to return to the US with the H-4 visa stamped in my passport?









A56

When you apply for the F-1 visa at the US Consulate, they will cancel your H-4 visa "without prejudice". If the F-1 visa is denied, you should be able reapply for the H-4 visa the same day or the following day based on your spouse's H-1B status.


Q57

How long will it take if I convert from an F1 to H4 visa and will I have to maintain F1 status till I get my H4 visa?

A57

It takes several months to convert from F1 to H4 Visa. Regarding maintaining F1 status best is to stay in status until approval.


Q58

1. If I have an F-1 stamped in my passport but have not made my initial entry, can I apply for a H-4 without issues ?

2. If my F-1 petition in the past is rejected, would it make it more difficult to get a H-4 later.

3. After entering US, is it easy to convert from F1 to H4.

A58

1. Yes.

2. Not usually, unless the ground for the earlier denial was fraud, criminal convictions, etc.

3. If you do not want to go to school, you should seek to enter on H-4. But if after attending a semester or two you want to change from F to H-4, it should not be a problem.

(Posted on 05 November 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q59

This is in reference to my H1B visa. I am on OPT right now and planning to visit India after 5-6 days. I got a job offer from a consulting company and they filed for my H1. I am supposed to join them after coming back from India in January. However, I tracked my status from my LIN and it says on the USCIS site that my case has been approved. But, I haven't received my approval notice yet. I am wondering if I do not get the approval notice before I leave or can I come back on F1?

A59 If you come back on F-1 (OPT), you will have to apply for H-1 again or travel outside USA again and reenter on H-1 visa.







(Posted on 22 November 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q60

In 1997 (one year before I got my F1 visa in 1998), I applied for an F1 visa and the visa officer said that he cannot give me a visa at the current time then he stamped the last page of my passport with the date and wrote 221-g right below that. My question now is how should I answer item 31 (Yes or No) and Does that reflect somebody's chances to get an H1b stamp?

A60

Answer yes. No, it does not affect chances.

(Posted on 14 December 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q61

I will be on F1 status while my husband will be submitting his Green Card application. Will it create any problems for me to get H1B before his green card is approved?

A61

No problem

(Posted on 28 December 2004) [Index] [Compiled by Law Offices of Rajiv S Khanna]

Q62

I am on a F1 visa.My visa is valid until May 2007.I am still active student and meeting all the requirements of F1 visa. My husband's attorney for some reason when filing for his H1B extension, also filed for my extension through form I539. With my husband's H1B approval they issued a H4 approval for me for the same period as his.Does receiving a H4 approval with a new I94( which expires in February 2005), change my F1 status.If so what should I do to get back on F1 status.

A62

If you received an I-94 with the H-4 approval, you would be in H-4 status, not F-1. To get back on F-1, you can travel outside USA and reenter using your F-1 visa. The new I-94 issued by CIS puts you back in F-1 status.










Since we receive a large number of queries from individuals wishing to obtain a US visa, many of the FAQ's cater to queries regarding a US visa. These answer's are of a general nature and does not take into account any specific problems, or circumstances faced by a candidate.

1. What is a visa?

The visa is a document that grants you permission to travel to other countries, and also defines your status in that country. For example, all students going to the US get an F-1 status, which defines that you are a student primarily in the country for studying.

2. Where do I obtain my visa?

You can obtain a visa only from the respective countries Consulate office. You must approach the Consulate office that is designated for your region or the place where you have resided for the last six months or more.

3. What is the F1 visa?

The F 1 Visa is a student visa. The F 1 visa is issued only to persons for the explicit purpose of studying for a degree program in the United States. This is a non-immigrant visa and is temporary.

4. What is the I -20 form?

The I -20 is the document that you will receive from Universities in the USA that you have been accepted into. The I -20 will have the following details - your name and surname, date of birth, citizenship status and country of birth. It will also mention your degree, the major, the estimated length of your program and the financial expenses that you will incur.

5. How do you get a visa?

Most Consulates have a system where you visit them on any working day and then present your case. Or send the relevant documents to them by post and they stamp your passport and send it back. However at the US Consulate where the numbers applying for a visa are very large, a prior appointment has to be taken, and then a fixed date and time is issued to a candidate. After the interview the visa is issued.

6. How long will the visa be valid for ?

Your visa will cover the duration of your degree program.

7. What should I wear for my interview?

As you are applying for a student visa, dress in a manner that indicates that you are a student. Jeans and T-shirts are preferable. You can avoid wearing formal clothes or salwar kameez in the case of girls.

8. What is the balance that I need to have in my savings account?

You need to have a minimum balance of your first year's fees that you will require to pay for your educational expenses in the bank account.

9. Do I need to carry original documents?

Yes, you must carry all your documents in original. Photocopies are not acceptable, unless the Consulate asks for an additional set of your documents in the form of a photocopy. The visa officer will not keep or make any copy of the documents that you show him and they will be returned to you as soon as they have read through this.

10. What is the maximum assets that I need to prove?

There is no maximum or minimum figure. Remember that a visa officer wants to know whether you are able to afford this degree and secondly whether you have anything to return to, in India. The more you show the easier it is for the visa officer to comprehend your ability to pay and your ties to India.

12 Is the visa fee refundable if I do not get the visa?

No. The visa fee is not refundable.

11. Can I work while on an F 1 visa?

Yes. You can work while on an F 1 visa. But your jobs are limited to on-campus jobs for a maximum of 20 hours per week. You can work as an assistant, at the cafeteria, the library or any departmental office in the college. You are not allowed to work off-campus. Violation of the US law will result in deportation.

12. How soon can I transfer or change my university?

Once you have obtained a visa to attend a particular university in the US, you can transfer or change your University only after a minimum of one semester.

13. Can my parents accompany me for the visa interview ?

No, Parents are not allowed to attend the interview with you.

14. What is the F2 visa?

The F2 visa is a status given to the dependents of a student pursuing his academics in the United States. If you are married, your spouse and children become your dependents and are eligible to apply for the F2 visa. Your parents are not your dependents and cannot apply for an F2 visa.

15. Can I take my wife and children with me?

Yes, you can take your wife and children with you. They will need to first apply for the F2 visa which is a dependent visa.

What to expect at the Consulate

In most cases you are expected to attend the visa interview in person. However some Consulates follow a procedure whereby they first ask for your documents to be sent to them and then later if required they call you for a personal interview.

If you have to attend a personal interview, make sure you arrive at least half an hour early for your appointment. Once you have entered the offices or waiting areas of the Consulate that you expect to obtain the visa from e.g. US Consulate, you need to be alert. With no specific order, your name or number will be called out or can show up on the intercom system and you will be called to stand at a particular window for the interview. Do not panic. With calm poise and confidence approach the window where your interview is to be conducted.

Begin your interview by greeting the visa officer. At the end of the interview the visa officer will either say 'You have got the visa' or 'Sorry! We cannot issue you the visa'.

If granted the visa, the Consulate indicates the manner in which you will receive it, and when you will receive it. So ensure you understand this clearly.

When you receive your passport, be sure to check the visa stamped on it. Check that your name, the University’s name and other relevant details are all correct.

In case you get a reject, politely thank the visa officer and leave. Do not argue with the officer, as this will not help you in any way. There is almost always a facility and procedure whereby you can approach the Consulate again for another attempt at the visa.

You could be asked any of the sample questions below at the interview. -

1. Good Morning, Can I see your I-20 please?

2. How many schools have you secured admissions to Mr. / Ms. _______?

3. Why did you choose ABC University over the rest?

4. What have you done prior to this?

5. Why this major?

6. What is your GRE / SAT / GMAT score?

7. How will you pay for such an expensive degree?

8. How will you pay your first years fees?

9. Are you married Mr. _____?

10. Will you get married as soon as I give you this visa?

11. How can you prove to me that you will come back to your country? Or I do not believe that you might come back to India.

12. Why do you want to study at such an expensive school?

13. Do you have any relatives in the USA?

14. What do you plan to do after your degree?

15. Why would you come back to your country after your degree? Would you rather not stay in the US?

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