Immigration Law

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I came to usa as dependent H4 visa,then converted to F1

Customer Question
I came to usa...

I came to usa as dependent H4 visa,then converted to F1 visa, and now am in post completion OPT which is valid till feb 2018,i want to go india for 4 weeks for emergency purpose
9:04 am
in order to return to usa whats procedure?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Am in OPT EAD,i don't have any pending application

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much does this service cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Immigration Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

I don't want monthly subscription,,can i make a one time payment

Submitted: 7 months ago.Category: Immigration Law
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9/29/2017
Immigration Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,126
Experience: Write FOR JAMES to get my help!
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During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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Immigration Lawyer: Expert James, Lawyer replied 7 months ago

I see that you have questions about the membership and/or fees. I cannot answer that for you, as I don't have access to that. For that, you need to speak with customer service. I would rather you do that now so that you are not surprised later.

Do you want me to direct you there?

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Customer reply replied 7 months ago
no...my question is i came to usa as dependent H4 visa,then...
i came to usa as dependent H4 visa,then converted to F1 visa, and now am in post completion OPT which is valid till feb 2018,i want to go india for 4 weeks for emergency purpose
9:04 am
in order to return to usa whats procedure?are there chances to denial of visa during visa stamping at india
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

OK, I know your question. But I wanted to make sure you understood the fees, etc. Anyway, please do not blame me later if the billing issue is not worked out. Again, I have no control over that.

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: First, you need permission to travel from your DSO. You will need to get an F-1 visa before coming back to the US. For that, you need to a valid I-20 and the employment authorization and the job letter. You also need to file a nonimmigrant visa application online.

If course there is a chance of denial because non-US citizens are not guaranteed entry to the US. And because you are no longer studying and you are only working, it might be a challenge for you to show that your intent is only temporary, rather than permanent. So you will need to show extremely strong ties to your home country—more than you normally would.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Customer reply replied 7 months ago
can i convert my opt had to H4 again once i go to india.do i have to re apply for H4 visa or is it just a conversion from opt had to H4?can i do this once i go to india,are there chances of denial
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Sir/Madam,

This is a new question. I will answer it for you as a courtesy but remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: If your spouse is an H1B holder, and you travel, you can return on a valid H4 visa stamp. If you do not have a valid H4 visa stamp, then you need to apply for one at the US embassy abroad.

Again, there is always a chance of denial; you are not a US citizen or permanent resident, so you do not have a right to come to the US. But the chances of denial are not as high as it would be for the F-1 based on OPT.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Can you see my response, above?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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