Is it mandatory to travel to India to get my F-1 Visa stamped after COS approval and before I graduate?

I am currently on H4 visa with expiry on Aug 2021.
It looks like the current processing times for H4 to F1 COS is 6-8 months. I have a few questions that I am hoping someone can answer.

  1. Am I eligible for CPT to do an internship in May/June 2021 assuming I-539 COS petition gets approved by then ?
  2. Is it mandatory to travel to India to get my F-1 Visa stamped after COS approval and before I graduate?
  3. If it is not mandatory to travel outside the country and get F1 Visa stamped, can I apply for an OPT and/or “H1B visa through company sponsorship” in April 2022 without ever leaving the country ?
  4. Lastly, how to know which service center will process your I-539 COS application? I live in NJ currently.

If I don’t ever have to leave the country and I can be eligible for CPT (for internship) and OPT (for full-time job) or H-1B visa application, then I would like to consider the H4 to F1 COS route. This is the reason for my questions.

Any response would be appreciated.

You cannot choose a USCIS service center by your choice.

It gets automatically selected by USCIS based on your address.

If your F1 COS gets approved with a new i94, then there would be no need to travel to India. Usually, COS does get approval with new i94 if you file application before your current i94 expiry.

You can file H1B with change of status option too.

Thank you for the quick reply.

If my H4 to F1 COS gets rejected, is my current H4 still valid or would I have to leave the country immediately and get a new H4 stamping ?

If your H4 to F1 COS gets rejected BEFORE your latest I-94 date, you can stay in the country legally until that date. If it gets rejected AFTER your latest I-94 date, then you would be considered out of status from the date of rejection notification.

1 Like