Wife's F1-H4 Status Concern

[msuryadarma]

My wife's F1 OPT expired on July 4th, and the lawyers are taking forever to file the I-539 to change her status to H4. As far as I know, they still haven't filed it, and it's already July 6th!

I heard she has a 60-day grace period, is that correct? Where can I find documentation of it on USCIS website?

She's not in trouble, is she?

Any help is greatly appreciated. Thanks.

 

[GCChaahiye]

I have no idea about OPT and F1 visas.

However, based on others' experience for H4 visas, I am afraid to suggest that your wife already has started accruing trouble.

Even if she applies for H4, it is more likely to be denied after waiting for 6 months or more,because her previous I-94 has expired and now there is a gap between that expiry and the filing for H4.If her H4 petition had reached USCIS before the expiry of her current I-94, then it might have been ok.

I strongly suggest, she immediately leaves the US and apply for the H4 at US Consulate in her home country.This will be faster and avoid future problems.

From now on,whereever asked in any of the applications, she has to fill out that she was illegally present in the US for the duration after which her current visa expired.If this period is longer,more the trouble.

THERE IS NO SUCH THING AS 60 DAYS GRACE PERIOD.

If she accumulates more than 180 days of illegal presence in the US, then she will be subject to 3 year bar, meaning she cannot enter US for a period of 3 years from the time she leave US.If she accumulates more than 365 days of such illegal presence, she will be barred for 10 years.

Take action NOW.

 

[msuryadarma]

Is this for real?

Can anyone else confirm GCChaahiye's message? Somehow I'm pretty sure there's "special treatment" for students after their OPT period.

Any reply is greatly appreciated.