theknk1234 Posted September 16, 2015 Report Share Posted September 16, 2015 Hi, I am looking for some suggestions,experts please suggest... I guess everyone on OPT/ OPT stem extension must have been familiar with OPT Stem Extension could be revoked as per Federal Judge from Feb 12 2016(which is not clear yet and still have to wait for DHS to answer) Few Details about me : I came to usa in March 2012, converted to F1 in September 2013 ,Graduated in Aug 2014, working since Aug 2014 Currently I am on OPT Stem Extension which expires Jan 20th 2017( working as Junior level Web developer) Now, 1.as i am ,i have a option to convert from F1 to H4 but when should i apply for F1-H4 conversion?when should i send application for converting f1-h4?how many days will the process take to convert F1-H4? 2.can i specify exact date to start my H4 status? for ex:feb 13th 2016 to start my H4 status? few of my friends H4-f1 status converstion took alomost 8 months to get approvved so wanted to apply soon 3.If i send my f1-h4 conversion in october 2015 and if i get approval of H4 before feb 12 2016 i will be safe in USA to stay but 4.what about if my F1-H4 converstion is still pending/not approved by Feb 12 2016 and beyond? is it illegal to stay in USA when conversion is still in process? should i have to go back to india after feb 12 2016? and come back once h4 is approved? (one of my cousin is not going to get her GC/Citizenship for ever as she was in USA illegally for 3 days when she got laid off on H1 and she is on EAD since 5 years and her husband is a Citizen) 4.do i have to go for VISA stamping? after F1-H4 conveted? and 5.how about I apply F1-H4 converstion in November 2015, Join in another college get CPT? HOW this could work? any idea? Please help.. H4-F1 and now H4-F1 Link to comment
jairichi Posted September 16, 2015 Report Share Posted September 16, 2015 1. Before expiry of OPT STEM extension. 3 to 4 months or longer. 2. You can request but not guaranteed that USCIS will honor that request. 3. You are in legal status as long your COs to H4 is timely filed and waiting for a decision. 4. If COS is approved there is no need for visa stamping till you travel outside US. 5. Well, that will be an end to your career in US. CPT is not for working. Link to comment
rahul412 Posted September 16, 2015 Report Share Posted September 16, 2015 All you have to do is file COS to H4 whenever you want to. Forget about this CPT, this will kill your career in US. If you want your H4 asap then cross the border and enter on H4 status. Link to comment
JoeF Posted September 16, 2015 Report Share Posted September 16, 2015 Avoid CPT. No real college would give out CPT to somebody who just signed up, anyway. And signing up with a shady institution would kill your future in the US. Link to comment
theknk1234 Posted September 23, 2015 Author Report Share Posted September 23, 2015 Thanks all for the valuable replies.... Like i have mentioned in my previous post, as of now I am on OPT Stem extension which is valid until Jan 2017.. Suppose: I have applied F1-H4 in December 2015, status is still pending by Feb 12th 2016 and OPT Stem extension rule applies from February 12 2016( no longer OPT STEM extension valid after Feb 12 2016) what would be my Status? Can i still stay in USA if my F1-H4 Status is Pending after feb 12 20116 until F1-H4 is approved..... Please provide some suggestions Link to comment
jairichi Posted September 24, 2015 Report Share Posted September 24, 2015 Thanks all for the valuable replies.... Like i have mentioned in my previous post, as of now I am on OPT Stem extension which is valid until Jan 2017.. Suppose: I have applied F1-H4 in December 2015, status is still pending by Feb 12th 2016 and OPT Stem extension rule applies from February 12 2016( no longer OPT STEM extension valid after Feb 12 2016) what would be my Status? Can i still stay in USA if my F1-H4 Status is Pending after feb 12 20116 until F1-H4 is approved..... Please provide some suggestions Yes, you will be considered being in legal status & you can stay in U.S. till a decision is taken on your COS petition. Link to comment
Pooja23 Posted November 2, 2015 Report Share Posted November 2, 2015 Hello I'm in the same boat. I came to usa on nH4 visa , did change of status to F1 in May 2013. Graduated in Dec 2013, working since FEB 2014 Currently I am on OPT Stem Extension which expires in Jun 2016. So basically I am on F1 status but H4 visa. I am planning to visit India in FEB. Questions Option1: Go for F1 stamping Do people get F1 stamping during OPT extenstion given that I am doing F1 stampinfg first time? (H4 to F1) Is it advisable to travel during opt ruling decision period? What document should I carry with me for F1 stamping? Option 2: Go for H4 stamping (As my H4 is expired) Should I apply for H4 instead and apply for EAD when I return USA. How much time it takes to get H4 EAD ? What document should I carry with me for H4 stamping? Thank you so much! Link to comment
rahul412 Posted November 2, 2015 Report Share Posted November 2, 2015 If you are eligible for H4 EAD then go for it, EAD has not restrictions when compared with OPT. Link to comment
jairichi Posted November 2, 2015 Report Share Posted November 2, 2015 1. Tough to get F1 visa stamping after graduation. 2. 90 days to get EAD. You need a copy of your spouse's I797 to apply for H4 visa. Link to comment
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