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Travel to India while on OPT between status-change to H1B. And Dependent Visa Qn.

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  • Travel to India while on OPT between status-change to H1B. And Dependent Visa Qn.

    Hi,

    I have some questions regarding my visa situation.
    I am currently on OPT STEM extension, which got approved a month ago and I have the EAD card. My H1B petition was filed before my first OPT expired and got approved and will be effective from Oct 1.
    I am travelling to India on Sep 28th to get married and apply H4 for my wife to come back with her. My questions are :

    1. Should my departure from US be fine and what documents do i need when leaving? (I will be on OPT Extension when i leave, as on Sep 28, my H1b wont be effective).
    2. I intend to apply for my wife's H4 and take appointment together. Is there anything specific to be done in advance for this?

    thanks for any help,
    Omid.

  • #2
    Originally posted by omidnoor View Post
    Hi,

    I have some questions regarding my visa situation.
    I am currently on OPT STEM extension, which got approved a month ago and I have the EAD card. My H1B petition was filed before my first OPT expired and got approved and will be effective from Oct 1.
    I am travelling to India on Sep 28th to get married and apply H4 for my wife to come back with her. My questions are :

    1. Should my departure from US be fine and what documents do i need when leaving? (I will be on OPT Extension when i leave, as on Sep 28, my H1b wont be effective).
    2. I intend to apply for my wife's H4 and take appointment together. Is there anything specific to be done in advance for this?

    thanks for any help,
    Omid.
    No problem with anything. You and your wife can apply for your H1 and H4 Visas together.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      No problem with anything. You and your wife can apply for your H1 and H4 Visas together.
      So When I leave/return to US, would I need to present any document at the airport (existing I-94 etc ?)

      Comment


      • #4
        Submit your current I-94 to the airline when you leave. Show your H1 approval when you return and you will get corresponding I-94.
        This is my opinion and not legal advice.

        Comment


        • #5
          If you are going for H1B stamping and traveling on H1B visa there is nothing to worry. However, if you plan to come back on F1/OPT, you may have to ask your Employer to Amend the H1B as the I-94 number will be different on your H1B and the new I-94 you receive at port of entry. You are putting your status back into F1. There is a lot of confusion about this travel and lot of people give incorrect suggestions. NOT A LEGAL ADVISE

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          • #6
            Originally posted by kabkaba View Post
            No problem with anything. You and your wife can apply for your H1 and H4 Visas together.
            A question that popped up during my H1b application:

            - I am filling my DS-160 to get my visa appointment. I am currently single, but at the time of the interview, I will be married. Should I then add my marital status as single or married? Can I add my status as married now as I will change my marital status in passport to married after marriage and before interview?

            thanks for the responses.

            Comment


            • #7
              Fill it as on the date of interview.
              This is my opinion and not legal advice.

              Comment


              • #8
                Thank you so much all the responses here. I appreciate this website and the prompt responses given.

                One more question that came up while arranging docs:

                - After my marriage, I was intending to add spouse name to passport, which will change the passport number. But I was planning to get application and interview appointment done right now with the current passport number. Is the spouse name addition to passport mandatory?

                Comment


                • #9
                  There is no need to do that.
                  This is my opinion and not legal advice.

                  Comment

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