F1-OPT to G4 change of status

A

anavil

Registered Users (C)
Hello,

I am currently on F1-OPT which ends May 31, 2003. I may get an opportunity to continue working for an International Organization beyond May 31. I know I will have to be on a G4 beyond May 31 to be able to contiue working there.

My question is, "do I have to go to out of US (say, my home country) to get the G4 visa stamped before May 31 or I can just stay here beyond May 31 and get an adjustment of status from F1-OPT to G4 (and later, get the G4 stamped whenever I go out of US.)?

An expert advise will be greatly appreciated.

Cheers!
 
Thanks Raj for your response.

I have checked the form you have mentioned. But it does not say that you cannot do it. Is there any other way to know about it?

Your kind help is appreciated.

Cheers!
 
I believe if you dont fall under the "who may not file" category mentioned in the instructions for form I-539, then you can apply for the change of status while within the US. I dont know much about G4 visas.
 
Raj,

Thanks again for the prompt reply. I think I have decided to go out of the country to get the visa, mostly to Canada, before May 31.

If say for some reason they don't give me the visa in Canada, then would I be able to come back to US? Considering that my F1 visa, I-94, EAD card will be still valid before May 31 and I would be IN-STATUS.

What should I take to prove my ties to my HOME country?

Your advise is invaluable and greatly appreciated.

Cheers!
 
Last edited by a moderator:
If the consulate does not cancel your F1 visa stamp, then you can return to the US. Usually at the port of entry, they ask for the I-20, and if the date on that has not expired, then they might not even ask for the EAD. Also carry proof of current employment.

For showing ties to home country one can use strong family ties, property/business in home country, bank statements in home country, job offers from home country, return ticket to home country etc.
 
Raj,

This probably is my last question before I go for the visa. Someone told me that I may have issues in getting G4 since my wife (a Green Card holder) has sponsored me for GC.

I know that they cannot deny an H1B based on the fact that the person's GC petition has been filed. Is this true for G4 also? Should I be concerned?

Cheers!
 
Have you filed I-130? It could be an issue since G4 is a nonimmigrant visa.

But when I looked up
http://www.immigration.gov/lpBin/lp...plates&fn=document-frame.htm#slb-act101a15giv
which details the types of visas, one can notice that for most types (e.g. F1, J1, B1), it specifically says "has no intention of abandoning" the home country, whereas for G4 it does not. But usually only H1B, L1 and dependents enjoy dual intent. Since you have decided to go anyway, you should take your chance and go ahead. Better to answer truthfully. Best of luck.
 
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