Legal Question in Immigration Law in India

Hello,

My husband applied for H-1 extention in July 2008 and his case went pending for more than 12 months before getting a RFE.I left the country in August 09' with my H4 still pending as attached with my husband's case.

My question is that I wanted to apply for a F1 visa now from my home country.

Will my past H-4 record create any problem with my F1 visa interview?

Should I be waiting for a year before applying for F1 or time period doesn't matter?

DO ADVISE! Thanks in advance!


Asked on 1/28/10, 11:41 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may better consult an American Immigration Attorney. I may refer you to one : Ms Lisa Brenman - http://www.visas-us.com/ - for advice.

In my opinion your F-1 application should be decided on its merits without any adverse effect of your H-4 records.

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Answered on 1/28/10, 5:10 pm
Elaine Martin Law Office of Elaine Martin

You will need to prove nonimmigrant intent when you apply for the F-1 visa. This means showing that you intend to return home at the end of your studies. If your husband is in the US in H-1B status, and especially if he has started the permanent residence (green card) process, this might be difficult. However, it is certainly possible and there is no one-year requirements to wait between visa applications.

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Answered on 2/02/10, 1:07 pm


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