H4-->F1-->OPT F1--->H4--->COS to OPT F1?

[ravi26usa]

Appreciate if experts could add their 1 cent....

 

After 4 GPA ,MS from Accredited university and receiving  OPT Card,my wife left to India.US Consulate in INDIA refused to issue her OPT VISA(F1) stating she completed MS and don't need F1. She immediately applied for H4 and got it approved.

 

Question:

 

Would she be able to apply for change of status back to OPT F1 after she arrives in USA? I understand OPT or F1 gets cancelled once her H4 is issued but was wondering if the University could reinstate her F1 OPT?

 

Thanks!

 

 

[JoeF]

Once she enters with H4, the F1 and OPT is gone forever.

[ottawa_rocks]

Once she enters with H4, the F1 and OPT is gone forever.

That sounds like a heartbreak for the desi dude above as the tax-saving OPT dreams will crash badly :(

[jairichi]

That sounds like a heartbreak for the desi dude above as the tax-saving OPT dreams will crash badly :(

Well, Ottawa I agree. But, OP should have consulted an immigration attorney before sending his wife to India.

[ottawa_rocks]

Well, Ottawa I agree. But, OP should have consulted an immigration attorney before sending his wife to India.

Sadly jairichi, desi thinks 100 times before shelling out a dime to a lawyer and hence looses way more than that in real life...but then it's too late...!

[jairichi]

Sadly jairichi, desi thinks 100 times before shelling out a dime to a lawyer and hence looses way more than that in real life...but then it's too late...!

Unfortunately what you said is fact

[ravi26usa]

For those who are in my wife's situation,please see below answer from an experienced immigration attorney:-

 

Since she has already completed her program, in order to change to F-1 status now, it would have to be for a new program. It is not possible to change to F-1 status for the already completed program to get the remainder of the OPT. 

If she moves up to a higher degree program and completes it, only then would she be eligible for another OPT. 

[ottawa_rocks]

 

For those who are in my wife's situation,please see below answer from an experienced immigration attorney:-

 

Since she has already completed her program, in order to change to F-1 status now, it would have to be for a new program. It is not possible to change to F-1 status for the already completed program to get the remainder of the OPT. 

If she moves up to a higher degree program and completes it, only then would she be eligible for another OPT. 

 

 

you have SHOT your own foot if she completed her PHD!

[JoeF]

 

For those who are in my wife's situation,please see below answer from an experienced immigration attorney:-

 

Since she has already completed her program, in order to change to F-1 status now, it would have to be for a new program. It is not possible to change to F-1 status for the already completed program to get the remainder of the OPT. 

If she moves up to a higher degree program and completes it, only then would she be eligible for another OPT. 

 

Yes, that's all known.

Her current OPT is gone, and she could only get a new OPT when she gets a higher degree. That means if she goes for a PhD, and finishes the PhD, only then would she be able to get another OPT.

[JoeF]

you have SHOT your own foot if she completed her PHD!

The OP said she got her Masters.

Going for a PhD is a whole different ballgame. A Masters is child's play compared to a PhD.