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F1 approved by USCIS, Rejected for stamping by Delhi Embassy

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F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby Magz » Wed, 22 Sep 2010 03:46:45 -0500

Hi Everyone,

I am going through a very depressed stage right now.
I was on H4 since 2008, I got admission with a university in San Francisco for MS program and I applied for change of status from H4 to F1 status in Jan 2010, which got approved by USCIS. I was a full time student for two semesters and now I am vacation to meet my parents in India, according to law if you are outside the US, you need to get your change of status stamped on the passport, but due my utter dismay my approved F1 got rejected twice for stamping by new Delhi Embassy.

I am very stressed could anyone guide me what to do next, shall I apply for H4 again?
Magz
 
Posts: 2
Joined: Wed, 22 Sep 2010 03:29:22 -0500

Re: F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby mundakamal » Thu, 23 Sep 2010 12:11:24 -0500

Whats your spouse's current Status? is he/she on EAD? what was reason given to you when they rejected your application?
mundakamal
 
Posts: 2
Joined: Thu, 23 Sep 2010 12:08:21 -0500

Re: F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby Magz » Thu, 23 Sep 2010 01:56:30 -0500

My spouse visa is H1 b visa, he has applied for Green card in dec 2008 but my name is not included.

The reason for the rejection was they said you don't have strong ties with India, it seems like you are going over there to work but that is not the case as I have very strong ties with India i have a house in India, my family is here, as I have mentioned this in my application but they did not gave me chance to speak.

The experience of my first interview was the consulate asks:
what is the purpose of your interview: I said F1 visa stamping but actually my F1 was approved in US by USCIS, i just came to delhi for vacation and had to get my passport stamped. and also he did not gave me chance to show my relevant documents. he just made his mind and rejected.

The second interview was just after 15 days because I had my fight already booked for US.
I showed her relevant documents but I think she referred to my previous interview and canceled my stamping again.
She asked me why did u opted X uny?
I said X uny is the largest educator for business professionals, its a 100 years uny imparting good quality education to its students and the professors are very experienced and knowledgeable as I have already completed 2 semesters and above all I live near to the uny.

I don't know what they want to listen from us i showed her the documents and tried whatever I could, she also knew that I have bought a house in gurgaon but then also she said it seems like you are going over there to work.

I don't think that I can apply for F1 again because if thats the case I have to apply next month because my flight is only till Nov 23, and if it gets rejected again I dont think I can apply 4th time for any other visa, or might have to stay in India.

Or I am thinking to convert myself to H4 and I am worried for H4 approval also as I have already got 2 rejection in 15 days.

what to do shall I approach a lawyer ??
Magz
 
Posts: 2
Joined: Wed, 22 Sep 2010 03:29:22 -0500

Re: F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby mundakamal » Thu, 23 Sep 2010 02:31:06 -0500

Sorry to hear that. I dont think you need any lawyer in this case. You can go ahead with your h4 stamping I am 100 % sure you will not have any problem as you are asking for different category of visa.

I am in the same boat, my wife wants to go to Delhi for f1 stamping. I have got my I-140 approved and I cant do I-485 so obviously my wife name is not there. I am planning to go to india in Dec. to get my wife f1 stamped, she already got her COS done my USCIS. So exactly same case as yours but now i am getting a little scared, I dont wanna jeopardize her chances of getting an OPT once she finishes her degree.

Anyways, I hope something works out for you.
Good Luck
mundakamal
 
Posts: 2
Joined: Thu, 23 Sep 2010 12:08:21 -0500

Re: F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby drana » Mon, 11 Apr 2016 01:44:59 -0500

Hi Magz,

I am in same situtation. Did you able to come back on H4? Please share your experience.

Thanks
drana
 
Posts: 1
Joined: Mon, 11 Apr 2016 01:36:04 -0500

Re: F1 approved by USCIS, Rejected for stamping by Delhi Embassy

Postby JohnMattana » Fri, 13 May 2016 01:34:30 -0500

JohnMattana
 
Posts: 9
Joined: Wed, 11 May 2016 04:15:19 -0500


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