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URGENT problem changing status from F1 (OPT) to H4 visa

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  • URGENT problem changing status from F1 (OPT) to H4 visa

    Hi,

    I am in a very bad situation I think or at least told by my lawyer. Please give me some advice.

    I am on F1, post-completion OPT. my OPT expires Oct. 1, 2010. I did not work during my OPT since I was pregnant, delivered a baby 6 months ago, then tried to apply for jobs but not successful. I was aware of the 3 month unemployment period during OPT but was adviced by my school that the regulation regarding these 3 months is not enforced as long as I keep looking for jobs. Now I wanted to change my status to my husband's dependent (H4) and my lawyer said that I am in trouble: I did not mantain my status, I am currently out of status. so I my H4 application maybe denied. She said the good thing is I did not accumulated unlawful presence (because my I-94 said D-S, not a firm expiry date), so I should go back to Vietnam to apply for H4. Since my baby is just 6 months old, I cannot leave the country right now. What should I do? please help
    Last edited by tdlinh80; 09-21-2010, 12:33 PM.

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