OPT to F2 conversion

[drabudh]

Hi everyone,

I have recently received my OPT card and my OPT will start from August 16, 2012 until Aug 15, 2013. I already have a job offer (but no H1 yet).

My wife came to USA on dependent visa in Sept 2008 and later she got admitted in PhD program. She got F1 stamped in 2009 and returned to USA.

She left the program with Master's in 2011 and applied for OPT. She got her OPT card in Jan 2012 and currently on OPT until Dec 2012.

She is currently working in University in a job related to her degree and maintained her legal status all the time so far.

We would like to change her status to F2. Because of personal reasons she can not go to India for this conversion.


We would like to know that:

1. Is it safe or advisable to apply for F2 (since I am on OPT) within USA?

2. What are the chances of rejection?

3. What if she denied F2? She has to leave the country?

4. I will not have H1 in the near future but may be next year.

Please let us know about the same.


Thank you.
Sincerely,

AB

[kabkaba]

Hi everyone,

I have recently received my OPT card and my OPT will start from August 16, 2012 until Aug 15, 2013. I already have a job offer (but no H1 yet).

My wife came to USA on dependent visa in Sept 2008 and later she got admitted in PhD program. She got F1 stamped in 2009 and returned to USA.

She left the program with Master's in 2011 and applied for OPT. She got her OPT card in Jan 2012 and currently on OPT until Dec 2012.

She is currently working in University in a job related to her degree and maintained her legal status all the time so far.

We would like to change her status to F2. Because of personal reasons she can not go to India for this conversion.


We would like to know that:

1. Is it safe or advisable to apply for F2 (since I am on OPT) within USA?
--- Yes, no problem with applying for change of status.
2. What are the chances of rejection?
--- Very little.
3. What if she denied F2? She has to leave the country?
--- Denial notice will state if her current status has ended or not.
4. I will not have H1 in the near future but may be next year.

Please let us know about the same.


Thank you.
Sincerely,

AB

She is allowed to have up to 90 days of unemployed period and if she is eligible for STEM extension 120 days, so it is advisable to postpone the COS application until that limit is close. Once filed it is very difficult to retract and it is not advisable to let go of the OPT benefit.