Very Important!!!


Arjunarao

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I moved from H4 to F1 and finished my studies. I got a RFE on my OPT application. I am in the process of responding to RFE.

I am wondering if I can apply for H4 right now. Would applying for H4 help me switch to H4 if my OPT gets denied without leaving USA.

Also, Can I switch to H4 without leaving USA if I apply for H4 after my OPT gets denied?

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Generally, you may be eligible to file a change of status petition from F1 to H4 (provided you meet the criteria for H4 status), however, upon approval of the H4 petition your F1 status and related OPT will end at that time. Due to the complexity of the answers you are seeking it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded Nonimmigrant/H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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  • 10 months later...

Hello Arjunarao,

My wife is applying for OPT extension and in case her OPT extension is denied, we are planning to apply for COS to H4.

Couple of questions on this aspect:

1. In case her OPT is denied, can she apply for H4 without leaving US? if yes, within what time frame?

2. In case the H4 COS is approved, will she get a new I94 attached with the approved I797, or does she need to go out of US to get an I94 and stay legally in US?

Kindly answer.

Thanks,

Kiran.

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