Change of Status from F1 OPT to H4


nirav284

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Hello,

My wife is on F1 OPT and that expired (first 12 months) on 19-Dec-2013 but in Oct-2012 she applied for OPT extension as a STEM student.

Today on 9-Jan-2014 she got RFE. We will be answering to it but since she is unemployed during whole OPT and doing volunteer work since last month so I dont see bright chances for approval.

 

I am on H-1 and want her to bring on H4 as my dependent now. What is the procedure? Can I do it on my own or I have to ask my H-1 holding employer to do it? Also how long it will take? What documents needed? And she wont be OUT OF STATUS until we send RFE reply and they reject the application right? 

 

Please reply, Thanks.

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Hello,
My wife is on F1 OPT and that expired (first 12 months) on 19-Dec-2013 but in Oct-2012 she applied for OPT extension as a STEM student.
Today on 9-Jan-2014 she got RFE. We will be answering to it but since she is unemployed during whole OPT and doing volunteer work since last month so I dont see bright chances for approval.
 
I am on H-1 and want her to bring on H4 as my dependent now. What is the procedure? Can I do it on my own or I have to ask my H-1 holding employer to do it? Also how long it will take? What documents needed? And she wont be OUT OF STATUS until we send RFE reply and they reject the application right? 
 
Please reply, Thanks.

 

What is RFE about? If she was not working and being paid during OPT she is out of status for a very long time. Before you do anything of your own talk to an immigration attorney.

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