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F1 (EAD OPTX) to H4 COS

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  • F1 (EAD OPTX) to H4 COS

    Hello All,

    I am on H1b, and my visa expires in 2013.
    I got married in US (registered marriage), my wife is on OPTX (F1 Visa)
    Her status is soon expiring on September 6 (counting 120 days of unemployment). EAD expiration date mentioned is Nov 2012.

    I am filing for her H4 Visa.
    My question is
    1. Can she travel to India, while her h4 is in process. She is planning to leave in next 2 weeks.
    2. If not, what is her best option?

    I appreciate your responses.

  • #2
    Why do you have to file her COS from F1 to H4 if she is leaving the country? That would be useless. If you are already married, then she has to get the H4 visa stamped based on your valid I-797 and enter U.S in H4 visa as your dependent.
    https://www.immihelp.com/h4-visa-stamping-documents/
    Not a legal advice. Use of this information is strictly at your own risk.

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