Legal Question in Immigration Law in New Jersey

I am currently on H4, my H1B is pending since April 08. I plan to apply for F1 but my husbands LC is on. Does this affect my chances of getting an F1.

I need to go to India in the next 3-4 months, therefore will go for F1 stamping if approved. Are there any issues in F1 COS and stamping.

How do you proove intent of non immigrantion when Husbands LC process is on


Asked on 7/24/09, 4:00 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Why your H1b has been pending since April 2008 (for over a year)?

What about your husband's LC and I-140?

Does your husband maintain his H1B status? If so, do you have a valid H4 visa?

If you are in valid H4 status, you can attend school without changing to F-1, which does not allow for immigrant intent.

If you would like to discuss your situation in further details you are welcome to schedule a consultation by emailing me at Attorney [@] law-visa-usa.com

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Answered on 7/30/09, 2:41 am


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