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F1 OPT COS to H4 with 90 days of unemployment reaching.Would the person be illegal?

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  • F1 OPT COS to H4 with 90 days of unemployment reaching.Would the person be illegal?

    My wife in on F1 OPT(non STEM). We have applied for COS to H4. I am on H1B and no do have any green card processing. Her 90 days of unemployment is reaching soon but we believe the COS H4 approval will come after the 90 day unemployment has been reached. Will she be out of status once the 90 day employment period is reached? Should she be touching and closing the her OPT record in SEVIS portal or leave it as it is? Thank you very much.

  • #2
    She will be out of status but she can stay legally as long as the COS is pending.

    This is my personal opinion and is not to be construed as legal advice.

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