OPT Expiring. Please help and advise. !!

[ethereal]

Hi Folks

I hope this thread provides some information to me and others in similar conditions. First some background

My wife is on an OPT (stemming from her M.S. F1) and this expires on 30th April 2006. She has been searching for jobs, but hasn't found one. Additionally, only about 1000 visas exist for this year. I am on a H1B. We have multiple options available and need to act on them soon

Move to another univ for Ph.D. Questions follow:
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1) Currently, it is said that one has 5 months limit to transfer the I-20 from one univ to another ? Does that mean that her I-20 should be transferred to the new university by Sept 30th 2006 for her to be in status ? Does this 5 months include the 2 month grace period ?

2) She has to apply for the transfer before her current OPT expires ? How early ? She can't do it until she hears from the admissions office. That would be in early April.

3) While the SEVIS transfer is taking place (May-Sept), what is her status ?

4) During that time, if she gets a job offer, can she apply for the H1B ? What would be her proof of legal status ?

5) Could the H1B be denied because on one hand she has a SEVIS transfer in the works (F1, non-immigrant intent) and on the other she is applying for a H1B (dual-intent).


Move her to H4 based on my H1B. Questions follow:
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1) H4 processing is currently at 13th August 2005 for Vermont Service Center. So, if we were to apply now, it would take months. Definitely past the OPT expiry deadline. What is her status going to be after 30th April 2006 while the H4 application is in ?

2) Does applying for H4 automatically invalidate her OPT ?

3) While the application for H4 is in and after her OPT expires, she might get a job offer. In such a case, under what status can she apply ? She won't be a student (F1/OPT) cause it has expired, and not a H4 either (since it wouldn't be approved; only applied). Does one have to wait for a previous application to be processed fully before the next one could be pushed in ? Can an application with BCIS be withdrawn ?

4) If the application is withdrawn, does that mean the applicant is automatically out of status ?

H4 as fallback, SEVIS tranfer between univs. Quesions follow
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1) Is this thing even possible ?? Could I apply for her H4, and then also apply for her SEVIS transfer ? Could both these applications be in the system at the same time ? Could a H1B be filed if one had a job offer. I know this option sounds far-fetched, but I thought I might as well ask !

Thanks for the help in advance

 

[GotPR?]

Move her to H4 based on my H1B. Questions follow:
--------------------------------

1) H4 processing is currently at 13th August 2005 for Vermont Service Center. So, if we were to apply now, it would take months. Definitely past the OPT expiry deadline. What is her status going to be after 30th April 2006 while the H4 application is in ?

2) Does applying for H4 automatically invalidate her OPT ?

3) While the application for H4 is in and after her OPT expires, she might get a job offer. In such a case, under what status can she apply ? She won't be a student (F1/OPT) cause it has expired, and not a H4 either (since it wouldn't be approved; only applied). Does one have to wait for a previous application to be processed fully before the next one could be pushed in ? Can an application with BCIS be withdrawn ?

4) If the application is withdrawn, does that mean the applicant is automatically out of status ?

1) As long as petition is pending, she can legally stay.
2) If she applied for Change of status, approval of H4 invalidates her F1 status, therefore I think OPT is invalid.
3) There is no such rule that one has to wait for one application completion before applying for another. But whatever approved later will be her status if she filed change of status.
4) If that was withdawn after OPT expired(+60days) and she does not have any other status, she is considered out of status.

 

[ethereal]

2) If she applied for Change of status, approval of H4 invalidates her F1 status, therefore I think OPT is invalid.

Does the OPT become invalid as-soon-as she applies for her H4 ?
or
Does the OPT become invalid immediately upon the approval of her H4 ?

4) If that was withdawn after OPT expired(+60days) and she does not have any other status, she is considered out of status.

Under what 'status' is she after her OPT expiry (30th April+60days) but before her H4 approval ? She will have an application pending, but does that mean her previous status is extended ? Or does it mean she is in some 'application pending status' and hence legally in the U.S ?