OPT to H4 issues

[baza]

Hi,

I am on H1-B with approved I-140 (priority date not current yet so I have not filed I-485).

I am planning to marry my girlfriend who is on OPT currently (and working full time) in February/March 2009 (in India) and then bring her back on H4. She will be resigning from her job next month and returning to India. But her OPT is valid till June 2009. Her F1 visa already expired in May 2008.

I would really appreciate if someone can tell me if there would be issues in getting an H4 approved and stamped after the wedding!

Is there any special process for this case (like CoS from OPT -> H4) or do we simply have to directly go to a consulate in India with an H4 application and required documents.

Thanks.

[txh1b]

Just apply for H4 at the consulate. It is simple.

[baza]

Thanks txh1b.

She currently has a ssn and itin. Will they continue to be valid after she comes back on H4?

Will she be asked what made her quit her job and return on H4 (cant work) after getting a BS degree from US? What would be the right response for this.

Thanks.

[txh1b]

She has to return ITIN after getting a SSN. This is irrelevant to the visa anyway.

It is personal choice if one wants to quit a job and remain of H4. Once could want to take a break from work for many reasons and give your honest reason if asked. I think you are being paranoid.

[baza]

Thanks for all your help txh1b. Do you think she may be asked at the H4 visa interview if she wants to work in the US in the future (I am on H1B with I-140 approved I-485 not applied)? If yes what would be an appropriate answer?

Thanks.

[txh1b]

You need to think about these answers yourself. H4 could work when they obtain necessary authorization to work and there is nothing illegal about it.

[baza]

Thanks txh1b.