OPT and spouse visa

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cooljaz

Registered Users (C)
Hi:
I am currently PhD student. I might be completing my PhD by Oct 2005. I am thinking of applying for OPT starting Nov 2005. My wife has already got her F-2 visa,but she will be coming to US in Oct first week. Her visa is valid for 1-year and the expiration date is in May 2006. Now,
1) If i apply for the OPT for Nov 2005 start, how is it going to affect my wife's visa status?
2) As i might be applying for OPT 3 months before Nov 2005 i.e. around July/Aug, and as my wife won;t be coming here before Oct, so does she has to get a new I-20 or anything?
3) What' goin to be her visa status when i am on OPT?
4) As, if i apply for 1-year OPT, it would be from Nov2005 to Nov 2006. But my wife's visa will be expiring in May 2006. So,how can i extend her visa status? And if i am applying for OPT, what do i have to do to change/extend her visa status?
I will appreciate all the responses.
Thanks.
 
Hi:
I am currently PhD student. I might be completing my PhD by Oct 2005. I am thinking of applying for OPT starting Nov 2005. My wife has already got her F-2 visa,but she will be coming to US in Oct first week. Her visa is valid for 1-year and the expiration date is in May 2006. Now,
1) If i apply for the OPT for Nov 2005 start, how is it going to affect my wife's visa status?

It will not affect your wife's visa status because, while on OPT, you are still on F1

2) As i might be applying for OPT 3 months before Nov 2005 i.e. around July/Aug, and as my wife won;t be coming here before Oct, so does she has to get a new I-20 or anything?

When you apply for OPT, you and your wife will both get a new I-20, which will start in November on the date that you will specify in your OPT as well as the EAD card application. so the your current current I-20 (as a student) remains valid until you submit your dissertation. Therefore, in order to prevent mishaps, you should submit your dissertation only after your wife clears immigration at her port of entry! otherwise, there may be problems. in addition, you should post to your wife, HER I-20 during your OPT time.

3) What' goin to be her visa status when i am on OPT?
F-1

4) As, if i apply for 1-year OPT, it would be from Nov2005 to Nov 2006. But my wife's visa will be expiring in May 2006. So,how can i extend her visa status? And if i am applying for OPT, what do i have to do to change/extend her visa status?

You dont have to extend her visa status. Any visa is only to enter the US. IT can even expire on the day after you enter the US and no one can question you. What you need is a valid I-20 when you are in the US on OPT.

since your OPT period starts in November and extends till November 2006 and since you will get your H1B atleast in October 2006, dont worry. once your wife enters the country, she is safe.
I will appreciate all the responses.
Thanks.
You are welcome
 
2) As i might be applying for OPT 3 months before Nov 2005 i.e. around July/Aug, and as my wife won;t be coming here before Oct, so does she has to get a new I-20 or anything?

When you apply for OPT, you and your wife will both get a new I-20, which will start in November on the date that you will specify in your OPT as well as the EAD card application. so the your current current I-20 (as a student) remains valid until you submit your dissertation. Therefore, in order to prevent mishaps, you should submit your dissertation only after your wife clears immigration at her port of entry! otherwise, there may be problems. in addition, you should post to your wife, HER I-20 during your OPT time.

One more question:
as u said that i should submit my dissertation after my wife clears port of entry, but can i apply for the OPT before it? As i want to start my OPT from Nov and she will arrive in Oct, so i guess filing for OPT in Sept should not be a problem?
 
in many ways, it would have been best if you could apply for OPT and EAD AFTER your wife joins you. there is the slimmest chance that the immigration officer at the port of entry (PoE) could just turn your wife away saying that the husband has applied for OPT and hence will start working and the both of them could just stay in the US forever. the burden of proof is always on the non-immigrant visa holder to show that he/she has no intent to immigrate. when my wife and i entered thru los angeles, the officer at the PoE asked how long i plan to study and stay in the US. therefore graduation date was definitely one question. but then again, this thing is so dependent on the individual immigration officer that it's hard to be dead sure. in all likelihood she will get in but there is always the non-zero possibility of a rejection at PoE.

do you have a job offer? if not, then the date of application of EAD card doesnt matter too much. you could just get your OPT I-20 and be in valid status. your EAD is the card that you need to start working on your OPT. therefore unless you have a job offer on hand that forces you to start working immediately, you dont have to apply for your EAD before your wife arrives.

for example- the day after your wife arrives, you can go to your international students office, say that you want to apply for OPT and within a week or so, they will issue you and your wife with an I-20 for the OPT period, with a specified start date. Assume that this date is the 31st of October. Then you can submit your thesis on any date BEFORE the 31st of October and still be in valid status (your are allowed to stay for a max. of 60 days before your OPT begins and after you submit your dissertation). Once you receive your OPT I-20, apply for the EAD card and wait for the notice of action (NoA) (usually takes couple of weeks). If, within 90 days of the date on the NoA you dont get your EAD card, you can get a temporary EAD card, that you can start working on.

Therefore, you are actually better off right now if you dont have a job offer, because you are not forced to apply for your EAD immediately! If you are confused, let me know. Otherwise, best of luck!
 
Thanks again Balaji...
well,i do have a job offer in hand.my current advisor has offered me to continue workin as a post-doc after i am done with my PhD. the institution is also ready to sponsor H1B just after F-1 (as it has done in past too),but i wanted to use one year of my OPT,so i was thinking of going on OPT first and then may be in 8-9months can apply for H1..still in dilemma..what do u recommend? shall i go straight to H1 from F-1 or shall i go thru OPT?
i am actually concerned that if my F-1 is going to expire in Jun 2006,then goin on OPT from Nov/Dec 2005 will pose any risk later for the visa status? u mentioned tht its the valid I-20 that is required..visa can be expired..but i have one question..if my visa expires then how am i still on legal status? i mean, if my F-1 expires,then i am no longer a student?
the same concern is for my wife' f-2 too..as its valid till May 2006 only..so that' why i am in confusion whether go for H1 or OPT first and then H1..
Will appreciate your suggestions,
Thanks.
 
you should realise that visa and status are two different things. a valid visa is required only to enter the US. it can expire anytime after you enter and it will not make a difference to ur status. status is purely determined byt the I-94 card in ur passport- it has a date. for u, the date will be D/S- duration of status- which is the date that ur I-20 expires or the date u graduate, whichever is sooner.

therefore, i would just suggest that you use your OPT to the max and since you are applying AFTER october 1st, u might as well apply for H1B in next year's quota) at the earliest possible time (april 1st). u will then be able to use ur OPT to the full. get ur wife here and then apply for OPT- the best option. when does ur company want u to start- if they are a little bit flexible, then u can apply for OPT and EAD after ur wife comes, as i said in the earlier post.

balaji
 
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