If, as an H-4 holder, I apply for J-1 from within the USA, and it is rejected, will I end up losing my H-4 status, also? Is J-1 to F-1 transfer possible from U.S. itself, or do I have to apply from India?

Answer:

If a person applies for a change of status in the U.S. and it is denied, s/he generally would still keep the existing nonimmigrant status. This presumes that the person continues to qualify for, and comply with, the terms of the status that s/he is trying to change – in this case – the H-4. As long as the denial is not due to a status violation, fraud, etc, the H-4 status would remain valid, even if the J-1 COS did not work. It is possible to change from J-1 to F-1 in the U.S., provided that the J-1 is not subject to the two-year, home return requirement (HRR). If the HRR applies, then it is necessary to process for the F-1 visa at the consulate. (24.Feb.2014)

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