F1 to H4 question

A

aditya103

New Member
My wife is currently on an F1 visa - her OPT expires in 2 months. When we were in India a few months ago, we applied for an H4 for her and got the visa approved in her passport. At that point, she had both the F1 / OPT and the H4 in her passport. She was able to use the F1 visa to re-enter the country.

Now that her OPT is expiring, she needs to get on to H4 status. What are her options for getting on to H4 status ?

thanks,
aditya
 
Originally posted by aditya103
My wife is currently on an F1 visa - her OPT expires in 2 months. When we were in India a few months ago, we applied for an H4 for her and got the visa approved in her passport. At that point, she had both the F1 / OPT and the H4 in her passport. She was able to use the F1 visa to re-enter the country.

Now that her OPT is expiring, she needs to get on to H4 status. What are her options for getting on to H4 status ?

thanks,
aditya
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Was the INS officer at POE was aware of her H4 visa when he/she admited your wife under F1?

I think when she got her H4 visa approved her F1 visa and F1 status automatically got cancelled. Only one NIV visa is allowed at one time and the consulate is supposed to cancel all othre visas issued previously. She therefore is no longer in F1 status and her OPT permit is also invalid.
Your wife therefore is in H4 status as of the date of approval of her H4. ( not the H4 visa stamping date)

This is my personal opinion, consult with an attorney.
 
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