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F1 to H4

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  • F1 to H4


    I did my MS and I am working on my OPT. My H1 was about to be filed and I lost my project so my H1 B visa application was put on hold or not applied by my company as consulting companies cannot apply H1B for anyone who is not on a project.

    My F1/OPT is valid til AUgust 10th 2010 and I have to apply for H1B before that but in case things dont fall in place, I wanted to know how does the H4(my husband is on H1) to H1B visa application work? I mean if my F1 expires and I apply for H4, is there any hitch in applying for H1B once I get a job?

    Please guide.

  • #2
    No issues. In such case, you need to apply for H4 before your current status (OPT) expires. Later, when you find a project and if the H1B quota remains open, then employer can file your H1B. However, the H1B need to get approved for you to start working. There is a premium process that will get you the result in 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      H4 to H1 is same as F1 to H1, no difference. F1 to H4 COS must be applied before end of OPT + 60 days. Are you not eligible for STEM extension?
      This is my opinion and not legal advice.