F1 visa on OPT or convert to H4

A

ashishgandhi

New Member
My wife entered in US with a H4 visa. She changed to F1, 2 yrs back. Meanwhile I have changed company and have a new H1 stamped in my passport.

She is currently on OPT expiring by end of Apr 2005 and is doing a job for more than a month. Now she needs to travel to India to visit family function.
Her preference is to come back on F1 and continue to work until end of her OPT and than tranfer to H4.

Question
1) Will she get an F1 visa while she is on OPT with a valid job.
2) If F1 gets rejected can she try for H4 visa directly at the US Consulate or does she need a H4 approved from INS first?
3) If I apply for H4 approval (I-94) right now, is F1 automatically cancelled once she gets H4 approval.
4) Can she still apply for F1 visa at consulate with H4 approved ?
 
ashishgandhi said:
My wife entered in US with a H4 visa. She changed to F1, 2 yrs back. Meanwhile I have changed company and have a new H1 stamped in my passport.

She is currently on OPT expiring by end of Apr 2005 and is doing a job for more than a month. Now she needs to travel to India to visit family function.
Her preference is to come back on F1 and continue to work until end of her OPT and than tranfer to H4.

Question
1) Will she get an F1 visa while she is on OPT with a valid job. NO2) If F1 gets rejected can she try for H4 visa directly at the US Consulate YES or does she need a H4 approved from INS first?
3) If I apply for H4 approval (I-94) right now, is F1 automatically cancelled once she gets H4 approval. YES4) Can she still apply for F1 visa (NO) at consulate with H4 approved ?
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Go out of US with H4. OPT is not a rights to re-enter, as you finished your education in F1, OPT can be rejected at port of entry.
 
Also, I think if she changes to H4 (by getting a H4 stamp and entering the US with it), the F-1 based OPT may get invalidated. I think your wife may be in the unfortunate situation of having to choose giving up her job or travel for the function. I think the only way out of this situation is to switch to L1 visa if your wife qualifies for it or H1 in next October. Or if you are close enough, apply for 485 and get an AP.

~T
 
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talkative said:
Also, I think if she changes to H4 (by getting a H4 stamp and entering the US with it), the F-1 based OPT may get invalidated. I think your wife may be in the unfortunate situation of having to choose giving up her job or travel for the function. I think the only way out of this situation is to switch to L1 visa if your wife qualifies for it or H1 in next October. Or if you are close enough, apply for 485 and get an AP.
How any one can change to L1 being in US for more than 2 years.?That is impossible
~T
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