muddyreality Posted May 8, 2013 Report Posted May 8, 2013 I came to USA as a student. After graduation I had applied for my OPT from an accredited university, but failed to file within 30 days of i120 issue date. My OPT was denied due to that reason. Both my DSO and I were not aware of this rule. DSO and school authorities have given me a letter stating they made a mistake and provided me wrong information. I filed for reinstatement but the long wait for approval and the fact that it might not be accepted worried me. I have been a relationship with my bf for last 2 yrs and were planning to get married next yr. Both of our parents have approved. We have decided to pre pone our wedding and get H4 stamping. I graduated in Dec 12 but my OPT denial notice came in 2 nd week of April. I will be leaving today. I have accrued out of status days because of this but within 5 month or 180 period. Based on experience I wanted to know if I had some risks of H4 approved. How do I tackle those? I have read in few forums that you have to mention previous out of status in DS 160. I have gone through the form but could not locate where I need to put that information.
pontevecchio Posted May 8, 2013 Report Posted May 8, 2013 People in F1 status do not have unlawful stays unless an Immigration Judge deems so. The 180 day rule etc. only refers to unlawful status and not out of status stays. Your H4 visa is solely based on the credibility of your spouses H1.
muddyreality Posted May 20, 2013 Author Report Posted May 20, 2013 I have read on few forums you have to mention visa violations in DS 160. I have gone through DS 160 I am not able to find where I need to state previous out of status violations.
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