F1 Opt - H4 - H1

[guthikv]

Hello,

 

My wife is currently on OPT and working. Her employer filed for h1 this year and so far it din't pick. Once the OPT is finished we are planning to have her H4 filed. My question is when her employer files for H1 next year, will she come under Master's quota or General quota?

 

Note She already completed her Master's and on OPT now.

 

Please let me know.

 

Thanks in Advance.

[jairichi]

Hello,

 

My wife is currently on OPT and working. Her employer filed for h1 this year and so far it din't pick. Once the OPT is finished we are planning to have her H4 filed. My question is when her employer files for H1 next year, will she come under Master's quota or General quota?

 

Note She already completed her Master's and on OPT now.

 

Please let me know.

 

Thanks in Advance.

If her master's is from an accredited, public or non-profit institution then she is eligible for advance degree quota.

[rahul412]

If she wants to use her master's degree then master's quota.

[JoeF]

If her Masters degree is from a public or non-profit private university, then she would be under the Masters quota.

[guthikv]

Thanks for the quick responses. Till now my wife's employer haven't received any receipt number whether my wife's H1 has been picked or not. We are just waiting. Will it take this long? And how long we will have to wait and loose hope on it from the date of filing?

 

Thanks.

[jairichi]

Thanks for the quick responses. Till now my wife's employer haven't received any receipt number whether my wife's H1 has been picked or not. We are just waiting. Will it take this long? And how long we will have to wait and loose hope on it from the date of filing?

 

Thanks.

Check with attorney whether they have received the H1B petition back. If no then there is still hope.

[rahul412]

Thanks for the quick responses. Till now my wife's employer haven't received any receipt number whether my wife's H1 has been picked or not. We are just waiting. Will it take this long? And how long we will have to wait and loose hope on it from the date of filing?

 

Thanks.

Let her work till the last of the OPT and file COS H4 if her H1 is not picked.

[akotwal]

Hello,

 

My spouse is also in the same situation. Her F1 OPT got expired on Jun 30. Today we came to know that her file wasn't picked up in the lottery system. So now she is on 60 days grace period till August 30th. But we want to apply for her H4 status.

Can you please advise what documents we need to file H4? Also can you tell us where we can find information about how to apply for H4? Also once we apply for H4 how long she can stay in US?

 

She has completed her master's from accredited, non-profit institution. Can you please advise when she can file for H1 again?

 

If she gets a job immediately after going on H4, when she will be able to start the work?

 

We heard that, there was some bill passed in senate that, candidates on dependent visa can work. So is that law really passed or it's just a rumor? 

[jairichi]

Hello,

 

My spouse is also in the same situation. Her F1 OPT got expired on Jun 30. Today we came to know that her file wasn't picked up in the lottery system. So now she is on 60 days grace period till August 30th. But we want to apply for her H4 status.

Can you please advise what documents we need to file H4? Also can you tell us where we can find information about how to apply for H4? Also once we apply for H4 how long she can stay in US?

 

She has completed her master's from accredited, non-profit institution. Can you please advise when she can file for H1 again?

 

If she gets a job immediately after going on H4, when she will be able to start the work?

 

We heard that, there was some bill passed in senate that, candidates on dependent visa can work. So is that law really passed or it's just a rumor? 

Apply for a COS using form I-539 and relevant documents and fee. Google USCIS and I539. She can stay on H4 in US as long as you maintain H1B status.  An employer can file a cap subject H1B next year in April. If picked and approved she can start working from Oct next year.

[t75]

The proposal to allow H4 visa holders to work is not in effect at this time. If it comes into effect, she may or may not qualify and if qualified will be competing with an estimated 100,000 other h4 workers for positions.

[akotwal]

Thank you very much for your reply. Few more questions we have:

1. If my wife's employer files for her green card now, can she continue working even after her grace period is over?

2. If my employer files for my green card, can she start working on H4 - dependent spouse?

[jairichi]

Thank you very much for your reply. Few more questions we have:

1. If my wife's employer files for her green card now, can she continue working even after her grace period is over?

2. If my employer files for my green card, can she start working on H4 - dependent spouse?

1. Based on what? Her GC that is in process? NO WAY. It will be a long wait.

2. Refer 1.

[guthikv]

Thanks for all the suggestions received for the original post. My wife is planning to do her master's starting winter 2015, and I have one question in this regard.

 

1. If she gets an employer who is willing to sponsor her  h1 for 2015, will she still come under Master's quota.  

Note: She already has a degree from accredited university.

 

2. Can she utilize her first Master's degree to get into the Master's quota? Provided she will be in the first semester 2015 when the H1 is filed.

 

Please share your thoughts.

 

Thanks

[jairichi]

Thanks for all the suggestions received for the original post. My wife is planning to do her master's starting winter 2015, and I have one question in this regard.

 

1. If she gets an employer who is willing to sponsor her  h1 for 2015, will she still come under Master's quota.  

Note: She already has a degree from accredited university.

 

2. Can she utilize her first Master's degree to get into the Master's quota? Provided she will be in the first semester 2015 when the H1 is filed.

 

Please share your thoughts.

 

Thanks

1. As long as the Master's degree is from an accredited, public or non-profit US university she can go through Master's quota.

2. Refer 1.

[guthikv]

Thanks. Another quick question.

My wife's F1 visa from University A is valid till Feb 2016. Right now she is planning to attend University B starting winter 2015. When she goes to India in Summer 2015 for a visit, can she come back to the states using the valid F1 stamp, because it's valid till Feb 2016 or does she have to go stamping again based on the Unversity's B i-20?

 

Please share your thoughts.

 

Thanks again.