H4 to OPT F1 Visa + husband on H1B (140 cleared)


lemmeno

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Hi, firstly thanks for your time! Here's a quick round up of my stattus -

 

Came to US on H4 visa.

 

Changed to F1 status within the country and now on OPT. Working as a full time employee at a well known firm.

 

Going to India for F1 stamping on aug 10th.

 

Husband is on H1b with 1-140 approved. Waiting to apply 485.

 

Here are my questions -

 

1. Is it safe to travel to India (hyd) for visa, with the employment letter from my company?

2. Given my husband's immigration status, would that impact my visa in some way?

3. If so, what is the best way to defend my self from being termed as "potential immigrant"?

 

Please help me with your valuable guidance.

 

Thanks much!!

- AK

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Hi, firstly thanks for your time! Here's a quick round up of my stattus -

 

Came to US on H4 visa.

 

Changed to F1 status within the country and now on OPT. Working as a full time employee at a well known firm.

 

Going to India for F1 stamping on aug 10th.

 

Husband is on H1b with 1-140 approved. Waiting to apply 485.

 

Here are my questions -

 

1. Is it safe to travel to India (hyd) for visa, with the employment letter from my company?

2. Given my husband's immigration status, would that impact my visa in some way?

3. If so, what is the best way to defend my self from being termed as "potential immigrant"?

 

Please help me with your valuable guidance.

 

Thanks much!!

- AK

I think its better to avoid travelling during OPT.

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If you must travel there is some risk of the F1 visa being denied. This holds true for anybody travelling during OPT and applying for the F1 visa. It depends on the VO.  In your case you can return in H4 status and apply for the EAD and then resume work after getting the EAD. Please make sure that you answer direct questions factually.

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