I came to USA on L2 visa and later changed my status to F1. So I have F1 status but not an F1 visa. I plan to visit my folks in India in December after completion of MS but before joining a job in January on OPT EAD. I want to know if there is any risk in going to Chennai consulate to get my F1+EAD visa? My husband is still in USA on L1.
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getting F1 visa for the first time after MS, before OPT
- Thread starter pingkiran
- Start date
great guru
Volunteer Moderator
pingkiran said:I came to USA on L2 visa and later changed my status to F1. So I have F1 status but not an F1 visa. I plan to visit my folks in India in December after completion of MS but before joining a job in January on OPT EAD. I want to know if there is any risk in going to Chennai consulate to get my F1+EAD visa? My husband is still in USA on L1.
You change the status form L2 to F1 within US. OK.
Now studies are over and you are looking for OPT -job. You have a major risk of not coming back to USA. why?
OPT is not a F1 rights, it is optional previlage given to F1 students, so INS can take away this previalage if you are out of USA. (This kind of training you can take any where). Again your immigrant intention through L2 is well known to INS, now you have to prove that you want to come back to home country after study (your spouse is still in US with immigrant intend). impossible to prove. You have no chance to get your F1. Best thing is get OPT and get H1 and go back to home country.
Thanks for the reply Guru.
I have an EAD card for OPT and a job offer beginning in Jan 2005. But to get H1, I have to wait till Oct 2005 as the quota for this year is over. So it seems like I can not expect to obtain F1 visa now and it is safer to go in Oct 2005 for H1.
I have an EAD card for OPT and a job offer beginning in Jan 2005. But to get H1, I have to wait till Oct 2005 as the quota for this year is over. So it seems like I can not expect to obtain F1 visa now and it is safer to go in Oct 2005 for H1.
great guru
Volunteer Moderator
pingkiran said:Thanks for the reply Guru.
I have an EAD card for OPT and a job offer beginning in Jan 2005. But to get H1, I have to wait till Oct 2005 as the quota for this year is over. So it seems like I can not expect to obtain F1 visa now and it is safer to go in Oct 2005 for H1.
Applying for H1B start from April 2005 for Year 2006 Quota, but job start date is 1 Oct 2005.
When will your OPT expire?