H4 DS160 or Form I539 change of status


tphani

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Hello,

My wife was on F1 OPT till 30th April on which day she left to India. She left her part time job a day before on April 29th. Her 90 days of unemployment would have been over on May 10th.

So effectively her I20 and OPT are invalid. She emailed International office of her university and notified of them about this. Her F1 visa is however valid until 2017.

 

She will come back as a dependent on H4 visa in July. Do I have to fill a DS160 and apply for a new H4 visa for her or will I have to fill a change of status form (I539)?

 

Phani

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Hello,

My wife was on F1 OPT till 30th April on which day she left to India. She left her part time job a day before on April 29th. Her 90 days of unemployment would have been over on May 10th.

So effectively her I20 and OPT are invalid. She emailed International office of her university and notified of them about this. Her F1 visa is however valid until 2017.

 

She will come back as a dependent on H4 visa in July. Do I have to fill a DS160 and apply for a new H4 visa for her or will I have to fill a change of status form (I539)?

 

Phani

COS can be done only if your spouse in US. Since she is in India she has to fill a DS160 and go for H4 visa stamping.

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She will come back as a dependent on H4 visa in July. Do I have to fill a DS160 and apply for a new H4 visa for her or will I have to fill a change of status form (I539)?

 

 

New H4, since she is not in US physically COS doesn't make any sense. COS is filed only when that person is in US.

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