ian-mstm

Perhaps... but there's no real advantage. Most F-1 visas are stamped "D/S" so even if someone goes out of status, they don't accrue overstay time until they come to the attention of US immigration... and that's when the clock begins.


True... unless they weren't aware that there was no need for a change. Hopefully, the OP will clarify.

Ian

Noorah101

With the OP's current situation, I definitely recommend NOT taking this vacation to Greece right now. Wait until he's in the USA with a stable status, such as F1. I'd stay in the USA until such time that I need to go to Canada to get the F1 visa, and do the Greece trip may year. Greece will still be there.

Rene

sir_eccles

Well you say that now...

scrubbedexpat099

Great minds think alike.

Makes me wonder how a F application in Canada would fly, presumably the original was from Greece.

jsph86

I changed from the F1 to the H4 visa under the guidance of the immigration attorney at my wife's company. I'm working with them now to try and resolve this issue. Thanks for all the advice.

crg

F-1 and VWP travelers must maintain a foreign residence or they are not admissible to the US. The OP has sent an application requesting H4 status to reside in the US. Attempting to enter without the actual visa foil after returning from a two week round trip is likely to raise a huge red flag. The person could find themselves stuffed right back on the aircraft and shipped back to the place where they boarded.

Get the visa before coming back. You need proof of the H1's status and a marriage certificate. It's generally not hard to get an H4.

zerlesen

The clock for unlawful presence, yeah, but if the OP wants to resume F-1 status in the future without jumping through a bunch of hoops then he needs to maintain status in the interim. You generally can't COS unless you have an S from which to C, and a bunch of time spent out of status, while it may not count towards a ban, still won't make a subsequent F-1 application look good.

OP, "status" is something you possess (or not!) while within the US. Once you leave the US you no longer have any status. When you present yourself at the border to come back in, the officer decides what status you will be in. That's why you (generally, and definitely in your case) need a visa to come back. Once you leave, your unadjudicated COS application vanishes in a puff of smoke.

Also, I don't know why on earth you're talking about another F-1 in the future, because H-4s can attend school and they don't have to satisfy the (potentially tricky) residence requirements.

crg

D/S doesn't coat the person with Teflon. There are other ways to run afoul and get jammed besides overstating.

One real advantage is that the person would not be out of status and removable with a potential for a 10 year bar for being removed.

Although somewhat insulated from a bar for an overstay for late departure, the person must depart without being apprehended in order to benefit from that loophole.

It's not especially likely for someone to seek the person out, but there are BP checkpoints and some students from special interest countries have been known to get a knock on the door if they are not complying with the terms of their students status.

ian-mstm

Never forget that the attorney works for the company... not for your wife, and certainly not for you. While I don't fully understand your situation, it seems that the attorney is unnecessarily complicating things for you. But, in all honesty, he probably doesn't care much about that... because he doesn't work for you - he works for the company.

Ian

jsph86

I'll bear all these things in mind. Thanks crg, zerlesen and Noorah101 for your posts, you've made things a lot clearer.

scrubbedexpat099

Hmmm