F2 to F1 to OPT... India travel advise needed

[vikram_boston]

Hi all,
I need help, here is why ..... My wife came to US on an F2 visa status. She later got her status changed to F1 (through INS vermont), currently she's on OPT status. She is needed in India urgently, I am afraid there could be some trouble at port of entry (POE) while returning. Because she came arrived here on F2 her passport has F2 stamped on it, so she will need to go to the US consulate in India to get here status changed to F1 (her current VISA status ... even though she's on OPT), will it be a problem for her to to get f1 stamped on her passport (now that she has finished her MS and is on OPT).
What would you advise should she go ?? or not ? and why ?

Thanks,
Vikram

 

[xalidag]

OK, I'm not familiar with changing the status while in the US... but when you do, doesn't your passport get at least some record? Otherwise, she should have some document for her current status (F1), right? I mean, either her passport or some document should show her F1 status. That should be equivalent to a physical F1 visa (stamp).

That said, as she's on currently OPT, some says it's possible to be denied at POE just because of that (regardless if you have a physical F1 visa or not). My understanding is that a valid F1 visa (or an equivalent document in your wife's case), a valid EAD, and a proof of employment, you are likely to be able to reenter. I could be wrong.

Getting her passport stamped with a new F1 at this moment will unlikely happen, as I understand it's almost impossible to get a new F1 visa while on OPT.

You should check if what I said in my second paragraph is correct, then decide. I think there's no 100% guarantee so if she definitely wants to come back, she shouldn't go.

 

[xalidag]

On the second thought... if you change your status to F1 while in the US and leave the country, you might have to get your passport stamped with an F1 visa to reenter. Again, I think it's almost impossible for your wife, as she's on OPT. So the conclusion is, I'd say, she shouldn't leave before she acquires new status.