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F1 to H4- plz help

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  • F1 to H4- plz help

    Hello friends,

    I am on student visa which expires in sept2008 and i shall be finishing my course in august. I am getting engaged in july to an H1 visa holder. I shall begin my OPT from oct end 2008. I need to get married in april 2009 in INDIA. Thus I am required to leave USA but will not have a valid re entry visa.

    My questions are:

    1. is it advicible to go to canada/india to get f1 extension? I shall be on OPT from october and my F1 expires in sept. what are chances of getting F1 extended on OPT, if I have employment. what reason can I give to travel out of USA.

    2. Or I should change my status to H4 before leaving for INDIA from canada/maxico. however religious ceremony shall not be done by that time, it is in april 2009. additionally, how early I need to send my COS application so that I could have a valid H4 before hand. my fiance has applied for labor certification.

    3. Or I should leave USA during my grace period and then reenter USA with H4 once my marriage ceremony is done in april.

    I know senior members have answered similar questions. but few words of advice will be very helpful. thanks.

    thanks once again.

  • #2
    1. In the past, F1 visa extensions on OPT was not very favorable to people and was not recommended. But with the introduction of 29 month OPT, things might have changed. Ask your school DSO about it. You don't need a reason to visit your home country.
    2. You need to get married to change to H4 while in the US. You can get married in court if you wish to do that. You still need a visa stamp even if that happened and your OPT will be invalid if you change your status to H4 through COS. COS takes anywhere between 2-6 months.
    3. What grace period? I don't see a possibility of grace period in your case.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3

      thank you member. grace period is OPT grace period. So that i leave in OPT to india and then enter USA on H4.

      I did talk to DSO but my profession do not have 27 months option as it is not under STEM.


      • #4
        Moreover we do plan to get legal marraige done but I shall not have pictures of religious marriage.