F! to H4 COS, what if OPT RFE denied


GPK2017

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Hi Experts, 

 

You have always helped me in many questions relating to my friends and I that I always posed to you. Here is a situation I am in. 

 

I am an F1 student and applied for OPT. I have used CPT and Igot RFE, I did respond to it, but I might get a denial. My spouse is an H1 and I have all the documentation needed for H4 COS, but I have few questions. (Also I was in a better college and did a change of college)

 

1. If I apply for H4 COS, and my OPT gets denied, will I be able to stay in US as I have applied my COS and have receipt notice, in time or will I have to leave the country.

2. Alternately if I withdraw my OPT, can I wait on my COS in the US based on the reciept notice

3. I have already applied for another college, a better one and  I have the acceptance, just need to process the i-20 transfer but this is cost involving process, but is this better

4. My spouse is waiting for i-140 approval on EB2 and have receipt notice dated Aug 22. Should I rather move to H4 and and try EAD ince she might get i-140 approval as it is 4 months, (nebraska service center)..

5. Will my OPT RFE impact this H4 EAD.

6. If I were to rather go out of country for stamping, I am thinking of Mexico., will they do H4 stamping in Mexico, my previous visa is F! and I am not sure,heard they only do extensions.

 

I apologize for so many questions, but i did a mistake and am not going paranoid about it

 

 

Thanks

Puneeth

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1) yes but even if you get status changed to H4, you will not be given an automatic COS as you would be out of status from time your OPT denial comes

2) probably a better option if you are sure your opt is doomed and you will get the 60 day grace period to change to H4

3) why another college when you have H4 option ?

4) H4 and then H4 EAD is your best option once ur spouse has I-140 approved but it will take some time for you to get it . Can file for both concurrently and you may get EAD in 90 days .

5) Maybe depending on what laws you broke with your CPT

6) you can go to Mexico or Canada to do stamping . They do everything not just extensions

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