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H4 - f1 - h4

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  • H4 - f1 - h4

    Hello,

    Came on H4 to USA in 2010.
    Got I-797 for H4 with old date & then extended again which expires June2016.
    Have H4 VISA Stamp which expires June2016.
    Changed to F1 status.
    Completed MS Degree.
    Started working on OPT in May2015. OPT Expires Feb2016.
    Spouse already has I-140 Approved.

    1. If I quit my job today(Sep2015), will I be out of status when my remaining OPT days expire(30 more days), or will I automatically be on H4(since I have I797 with an expiry date June 2016)?

    2. I am planning a visit to India and then come back after 2-3 months. Is it correct that ....I visit India, while coming back I can enter USA using my valid H4 VISA Stamp (and also show them my spouse H1-I797 and my H4-I797).

    3. Do I have to apply for H4 again? In what situation?

    4. In H4 VISA application (I-539), there is a question "Has an Immigration petition ever filed for you or anyone in this application?". My spouse has I-140 approved, should I answer this as a YES?

    5. My spouse would be applying for extension of H1B. I believe I will also be getting a new I-797 because of that. Does my India trip or my current F1 status have any impact on that?

    Thanks a lot
    Su

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