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Hi Everybody,
Will appreciate a little advice on my wife's case - I am an H1B and she is in F1 status with OPT having started on 7/1/2016. She hasn't been able to find a job and thus should technically be out of status since 10/1/2016. Now, we married on 9/26/2016 but have not filed a COS yet. We spoke with a lawyer and he said that we should do it ASAP and that the short out-of-status should not be an issue for COS.
Now, she wants to travel back to our home country asap and I understand the COS takes somewhere in the neighborhood of 3 months. According to the lawyer, applying at a consulate makes it slightly riskier and introduces some chance that they might look into the out-of-status period so he recommended to wait for COS before leaving the country.
In your experience here, could such a short out-of-status - a month or less, and again noting that we married before she became out-of-status so that should be a mitigating factor, be an issue when applying at a consulate that might prevent her from getting the H-4? And I realize that the safest thing is to wait and file COS so I would appreciate answers that express opinions on the levels of risk otherwise, rather than stating which is the better way to go (which is obvious).
Thanks in advance!
Will appreciate a little advice on my wife's case - I am an H1B and she is in F1 status with OPT having started on 7/1/2016. She hasn't been able to find a job and thus should technically be out of status since 10/1/2016. Now, we married on 9/26/2016 but have not filed a COS yet. We spoke with a lawyer and he said that we should do it ASAP and that the short out-of-status should not be an issue for COS.
Now, she wants to travel back to our home country asap and I understand the COS takes somewhere in the neighborhood of 3 months. According to the lawyer, applying at a consulate makes it slightly riskier and introduces some chance that they might look into the out-of-status period so he recommended to wait for COS before leaving the country.
In your experience here, could such a short out-of-status - a month or less, and again noting that we married before she became out-of-status so that should be a mitigating factor, be an issue when applying at a consulate that might prevent her from getting the H-4? And I realize that the safest thing is to wait and file COS so I would appreciate answers that express opinions on the levels of risk otherwise, rather than stating which is the better way to go (which is obvious).
Thanks in advance!
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