F1-opt- h4

[pisces]

Hi,

I have one question regarding change of status from F1OPt-H4.

My OPT will expire on 06/24/2013. My current employer has not filed H1 in this year. I am planning to Change my status from F1 to H4 in the end of the JUN.(within 60 days grace period).
Would I be able to travel to India while I am in change of status from F1 to H4?? your suggestion would greatly appreciated.

Thanks,
pisces

[kabkaba]

It depends a lot on various dates.

USCIS receipt date for change of status application (I539) must fall before OPT End + 60 days, otherwise you will be out of status and change of status will not be approved.

A pending change of status application (timely filed) allows you to stay in the US until it gets adjudicated.

If you leave the US while COS is pending, the COS becomes irrelevant. If it gets denied, you will be considered out of status from the OPT + 60 date. But this will have minimal impact on anything.

In fact if you plan to leave the US within OPT end + 60 days anyway, filing for COS is completely unnecessary. All you need to do then is to apply for H4 Visa while abroad and return in H4 status.

Once change of status is approved you will receive a new I-94, you can remain in the US until the date on that I-94. Whenever you leave after that, you will need to obtain H4 Visa in order to return in H4 status.

[pisces]

Thanks