F1/ OPT marrying a US citizen

J

just4ninu

New Member
I am currently on F1 visa and graduating with MS in Dec 2006. My OPT will be valid from Jan. I have no job offer as yet but I am expecting to get one soon. My fiance is applying for her citizenship at the end of this month. She will be getting her citizenship within 6 months. Our parents have fixed our wedding in the month of Aug 2007.
I have the following questions in my mind:
1. If I have a job offer and my H1 is already being processed, will I be able to leave and re-enter US in Aug ?
2. Is there a possibility to ask my employer to process my H1 in October instead of April ?
3. How long does it take for me to get a Green card, if my fiance applies for it once we get married ?

This is really urgent. Please drop in your valuable suggestions or advices.
 
just4ninu said:
I am currently on F1 visa and graduating with MS in Dec 2006. My OPT will be valid from Jan. I have no job offer as yet but I am expecting to get one soon. My fiance is applying for her citizenship at the end of this month. She will be getting her citizenship within 6 months. Our parents have fixed our wedding in the month of Aug 2007.
I have the following questions in my mind:
1. If I have a job offer and my H1 is already being processed, will I be able to leave and re-enter US in Aug ?The question is not very clear....however, if you still in status you will be able to leave and enter the US. If your visa has expired, then you will need to get another visa before you come into the US. But if you have your H1 then you will be able to come and go as you wish since the H1 visa is a dual intent visa.
2. Is there a possibility to ask my employer to process my H1 in October instead of April ? I do not see what benefit you will be accruing by delaying the process. The H1 is valid for 6 years (including extension). Also put into consideration the length of time it will take to process the H1. Have it in the pocket and make use of it :)
3. How long does it take for me to get a Green card, if my fiance applies for it once we get married ? There is no definate time when you can get the green card. People have got it in as few as 6 months while others it will take years :confused:

This is really urgent. Please drop in your valuable suggestions or advices.
Click to expand...
 
Hi, I am sorry. I think I did not make myself clear on the first question.

The question is, if the company agrees to do my H1, that means they will be just applying for me in April but I will be eligible to get H1 only after October, correct ?? In that period, like what status will I be in ? And is it possible to go to India and come back ? I definitely need to go to India in Aug.

I am just on student visa right now and my OPT will being from Jan 2007.

Please advice.
 
you will continue your F-1 status while on OPT. When you go to India in August, you will have to have a valid F-1 visa to come back to the States, if you want to enter before October. If not, you will get H1 and enter in October.
 
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