OPT Expririg..Going India for H4 stamping

[kasi_l1toh1]

I am Kasi and my 12 month OPT expires on 01/06/2014. Since my course is not stem eligible,  I am not eligible for extension.

 

I am planning to go India in 2nd week of January and go for H4 stamping month of Feb or April.

 

i) Since I am travelling in OPT 60 day grace period, I assume I wasn't out of status and it wont effect my H4 stamping or next year H1 filing.

 

ii) Due to pregnancy, I didn't get chance to work in 12 month OPT. Does it effect my H4 stamping any way?

 

Since I am travelling in 4 weeks, appreciate immediate help.

 

Regards

Kasi

 

 

[kasi_l1toh1]

Appreciate if anybody respond to this question. Thanks in advance.

 

-Kasi

[pontevecchio]

Ask your DSO about the lack of work as that is significant if the period is more than 90 days. Do it now. Why did you not convert to H4 status if you were not going to work? You should consider discussing issues with a Lawyer after talking to your DSO.

[t75]

Pregnancy is no excuse for not working. Unless there are very serious medical issues, women often work until delivery and return to work in 6 or 8 (C-section) weeks.  If you did not work for 12 months while on OPT, you have a significant issue.

[kasi_l1toh1]

I am going to India on 6th April (the day OPT expires) for H4 stamping and come back in March. 

 

i) What are my ways to fix my lack of work in OPT period? Am I out of status for all this time.

ii) Are they any problems if I go for H4 stamping in India or while coming back at port of entry.

 

I consulted a lawyer and suggested to go India for H4 stamping at they primarily focus on my husband H1 and his employment docs.

 

Appreciate immediate help.

 

Regards

Kasi 

[jairichi]

I am going to India on 6th April (the day OPT expires) for H4 stamping and come back in March. 

 

i) What are my ways to fix my lack of work in OPT period? Am I out of status for all this time.

ii) Are they any problems if I go for H4 stamping in India or while coming back at port of entry.

 

I consulted a lawyer and suggested to go India for H4 stamping at they primarily focus on my husband H1 and his employment docs.

 

Appreciate immediate help.

 

Regards

Kasi 

As far as I know there is no way to fix this. You were out of status.

[pontevecchio]

If your spouses H1 credentials are impeccable you should be able to get the H4 visa. Stick to facts and if the Pregnancy was tough and did not let you work say so. If not say you made an error of judgment only if asked. Do not volunteer any information. Your Lawyer is right.

[kasi_l1toh1]

Thanks pontevecchio...

 

 

Do you think it is better If I take letter from Doctor for lack of work in OPT? Its surely an error of judgement  as some people told since I am not going for extension (not STEM eligible course), it is okay even if I am not employed. Its my fault and didn't think straight due to pregnancy etc.

 

OR

 

I find some employer and run paystubs for all OPT period. I guess we can run pay stub for older dates.

 

Regards

Kali 

 

 

 

 

[t75]

I am going to India on 6th April (the day OPT expires) for H4 stamping and come back in March. 

 

i) What are my ways to fix my lack of work in OPT period? Am I out of status for all this time.

ii) Are they any problems if I go for H4 stamping in India or while coming back at port of entry.

 

I consulted a lawyer and suggested to go India for H4 stamping at they primarily focus on my husband H1 and his employment docs.

 

Appreciate immediate help.

 

Regards

Kasi 

 

[t75]

I am going to India on 6th April (the day OPT expires) for H4 stamping and come back in March. 

 

i) What are my ways to fix my lack of work in OPT period? Am I out of status for all this time.

ii) Are they any problems if I go for H4 stamping in India or while coming back at port of entry.

 

I consulted a lawyer and suggested to go India for H4 stamping at they primarily focus on my husband H1 and his employment docs.

 

Appreciate immediate help.

 

Regards

Kasi 

No.

 

No one an do anything but guess what the future effect will be.  It is all on you. 

As a woman, I am getting really tired of yong women using pregnancy and infants as an excuse to disobey the rules.  Yes, it is harder to work while pregnant (I did so); it is harder to work when you have children (I did so with 4). Either grow up and and go forward in the workforce or stay home and be a whining depandant of your husband.

[sam_h1b]

Hi kasi,

You got one your of OPT, so you had option to work for that period. Whether you work or not, does not affect your status. ie even if you did not work in your one year duration of OPT your were in status. 

Now OPT is for work experience thats why you applied for it and got it. As previous person said if interviewer does not ask about your action during OPT, do not go there. But if he asks what you did during OPT then you should have convincing answer. As you said you didnt work, you need to tell why you didnt. You may say you could not find the job you were looking for and/ or give reason of pregi.

Still your OPT performance should not be basis of your H4 visa interview. It should be based on your spouse's H1 documentation. Make sure you have all required info about his job whiel going for iv.

Good Luck.

Sam.

[pontevecchio]

@sam_h1b

 

Please do not let sympathy cloud your judgment . In post completion OPT one need not be paid but needs to work with the knowledge of the DSO. Ignoring the matter puts you out of status. Unfortunately or fortunately for the OP the stay is not unlawful in the case of a person with the F1 visa with D/S I94 until an Immigration Judge says so. It was a simple matter to change to H4 status a year back. It is a truism that you cannot have your cake and eat it too.I want to know what MR. Kasi was doing in the situation described to help his life partner. The OP will in most likelihood get her visa.

[pontevecchio]

@OP

 

Please note running stubs is illegal. You will get your H4 visa. Remember GOOGLE in future or even  a lawyer. Why did you not ask your DSO? Did you attend an accredited College?

[kasi_l1toh1]

Thanks everybody for helping me out in this complex situation.  Last time I spoke to my DSO, they didn't say single word for my lack of work in OPT due to pregnancy. Since I stay at home, I really didn't have a good network of friends and totally misguided. 

 

Regards

Kali

[jairichi]

Hi kasi,

You got one your of OPT, so you had option to work for that period. Whether you work or not, does not affect your status. ie even if you did not work in your one year duration of OPT your were in status. 

 

Who said that OP was in status by not working on OPT? Care to provide me the immigration law specifying that?

[kasi_l1toh1]

Who said that OP was in status by not working on OPT? Care to provide me the immigration law specifying that?

Sam_h1b,

I am back to square one now. I booked my ticket for 01/05/2014 the day before my OPT expires. This is what I try to understand.

As you say, not lack of work in OPT made me out of status, which is better option I) Going India for H4 stamping or applying COS from F1 to H4. If I leave country, what are my chance to come back on H4?

I am trying to talk to some employers who can provide some letter with training as back dated or possible to run pay stubs wih back dated. Any other suggestions are very much appreciated.

Do you think I should take second lawyer advise on this. Please suggest.

Regards

Kali

[kasi_l1toh1]

@OP

 

Please note running stubs is illegal. You will get your H4 visa. Remember GOOGLE in future or even  a lawyer. Why did you not ask your DSO? Did you attend an accredited College?

@OP

 

Please note running stubs is illegal. You will get your H4 visa. Remember GOOGLE in future or even  a lawyer. Why did you not ask your DSO? Did you attend an accredited College?

I attended an accredited college. I am going to talk to DSO definitely. Thanks for your time.

[jairichi]

Sam_h1b,

I am back to square one now. I booked my ticket for 01/05/2014 the day before my OPT expires. This is what I try to understand.

As you say, not lack of work in OPT made me out of status, which is better option I) Going India for H4 stamping or applying COS from F1 to H4. If I leave country, what are my chance to come back on H4?

I am trying to talk to some employers who can provide some letter with training as back dated or possible to run pay stubs wih back dated. Any other suggestions are very much appreciated.

Do you think I should take second lawyer advise on this. Please suggest.

Regards

Kali

Do not do illegal stuff by asking employers for fake training letters or pay stubs. If caught you should be ready to face life long ban to enter US.

[catx]

While you cannot un-ring any bells, you understand your mistake.  You should have got authoritative advice (not from "a good network of friends").  Such advice would have informed you that if you could not use your OPT employment authorization (e.g. unemployed for over 90 days), then you needed to change status to a H-4 visa.

 

You got one your of OPT, so you had option to work for that period. Whether you work or not, does not affect your status. i.e. even if you did not work in your one year duration of OPT your were in status.  Now OPT is for work experience thats why you applied for it and got it.

 

The above quote is a good example of wrong / mis information. You were out of status when you accrued over 90 days of unemployment while on OPT employment authorization regardless of the reason(s).

 

I find some employer and run pay stubs for all OPT period. I guess we can run pay stub for older dates.

 

I am trying to talk to some employers who can provide some letter with training as back dated or possible to run pay stubs with back dated.

 

Do not compound your mistake by pursuing such a fraudulent course of action -- it would be a crime by both the 'employer' and yourself.  It is illegal on many fronts including immigration, tax, etc.  (DId your "network of friends" give you this advise?)  If you pursue this course of action and are found out, then your current out of status will be a relatively minor problem relative to the entry ban you would likely face for such fraud.

 

Consult with a qualified, experienced immigration attorney regarding your issue.  (You may find out that it is not a major problem since you were eligible for a H-4 visa based on your husband's H-1B visa.)

[kasi_l1toh1]

Do not do illegal stuff by asking employers for fake training letters or pay stubs. If caught you should be ready to face life long ban to enter US.

So Sam, as I understood, its recommendable not to do anything to fix my lack of work in OPT now. Just leave as it is, go for H4 stamping and have a convincing answer  if interviewer ask about OPT. 

 

Since its holidays time, I can't talk to my DSO until Jan 2nd. Lets see what they say..

 

Regards

Kali

[jairichi]

So Sam, as I understood, its recommendable not to do anything to fix my lack of work in OPT now. Just leave as it is, go for H4 stamping and have a convincing answer  if interviewer ask about OPT. 

 

Since its holidays time, I can't talk to my DSO until Jan 2nd. Lets see what they say..

 

Regards

Kali

You can always talk to a good immigration attorney. As cats mentioned you just need to go for H4 visa stamping.

[kasi_l1toh1]

Hi Everybody, this is DSO response for my current OPT status.
 
DSO: That's not to say that collecting more than 90 days would not impact any future change of status processes. It could but there is not published information on the effect of collecting more than 90 days of unemployment on a student's status.
 
Kali: I wasn't sure I understand correctly.  As per DSO or USCIS, what is my current legal status? Due to more than 90 days of employment, am I became out of legal status. Does DSO inform CIS whenever the unemployment is more than 90 days. 
 
DSO: Your immigration status right now is as an F-1 student, and you have remained here legally as an F-1 student on Optional Practical Training. If you have exceeded 90 days of unemployment while on OPT, you have violated the terms of your visa status. With that said, USCIS (which F-1 regulations fall under) has advised us (those that administer the regulatory information to students on F-1 visas, designated school officials is the title of the advisors) are NOT responsible for calculating unemployment time or taking action in SEVIS based on unemployment time (meaning we are NOT to terminate your record if you were to collect over 90 days of unemployment). You need to be aware that you MAY be denied future immigration benefits that rely on your valid F-1 status if the Department of Homeland Security determines that you have exceeded the limitation of authorized unemployment. This means you could be denied any kind of change of status while in the United States.
 
With that said, I am UNAWARE of any situation where a student was denied a change or adjustment of status based on having been unemployed for 90 or more days. However the risk does exist.

 

As I understand, the DSO won't report to CIS or take any action in SEVIS for unemployment time. With that said, I assume I am still in legal status and however, it will effect any COS that were based on my current F1 status if applied in United Status.  Since I am leaving country (before OPT expires), going India for H4 stamping based on my husband H1 which is no way related to my current F1, I should be okay.

 

Appreciate your inputs and thanks for your time.

 

Regards

Kali 

[catx]

You need to be aware that you MAY be denied future immigration benefits that rely on your valid F-1 status if the Department of Homeland Security determines that you have exceeded the limitation of authorized unemployment. This means you could be denied any kind of change of status while in the United States.

 

The DSO is correct in this statement.

 

With that said, I am UNAWARE of any situation where a student was denied a change or adjustment of status based on having been unemployed for 90 or more days. However the risk does exist.

 

The DSO is not well informed, as there are many cases of immigration benefits being denied because of over 90 days of unemployment while on OPT employment authorization.  A search of the MurthyForum will find any number of them.

 

If you have exceeded 90 days of unemployment while on OPT, you have violated the terms of your visa status.

 

I assume I am still in legal status ...

 

Not true if you have exceeded 90 days unemployment while on OPT employment authorization.  Reference the DSO's comment quoted above.

[kasi_l1toh1]

Ok. All I want to know is, how does all this effect my H4 stamping in INDIA, which is based on my husband H1 and no way connected to my current F1 status or OPT unemplyment.

Regards

Kali

[catx]

I would think you should be okay getting a H-4 visa based on your husband's H-1B visa (assuming everything with his visa is valid and you have the documentation).  However, there are no guarantees and you may be asked about your F-1 visa, studies, OPT employment authorization, and employment history.  Answer honestly and truthfully to the questions asked by immigration officials.