Search
Recording of Free Community Conference Call (Every Other Thursday), 20 April, 2017
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 20 April 2017:
FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.
Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.
OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4
Question details
My spouse is a dentist from India and converted to F-1 from H-4 on Sep 29, 2022. She pursued a few courses for MBA (non-stem) between March 2022 and Jun 2022. Now she is completing the remaining courses of her MBA on F-1 for the next 12 months.
My queries are-
1. Does she need to be on F-1 status for a min 365 days to be eligible for OPT?
2. If we ever need to change to H-4 status again (stamped till Aug 2024), can she travel to India and come back without F-1 stamping? or a COS application from F-1 to H-4 ( that may take 6 months) could be a better option for EAD application.
FAQ Transcript
1. The 365 days requirement is not required. What you need is one academic year or two if there is a need to change to H-4.
2. If she has an H-4 stamping already there is no need to go to India. All she has to do is drive to Canada or Mexico and return showing her H-4 visa stamping.
Note: To be eligible to apply for OPT, you must:
- Have been in full-time student status for at least one academic year by the requested OPT start date,
- Be maintaining F-1 status at the time of applying for OPT, and
- Have not used OPT at the same degree level previously.
What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
YouTube: http://www.youtube.com/immigrationdotcom
Contact Us : (202)909-1110, help@immigration.com
Address: 5225 Wilson Blvd., Arlington, VA 22205
---------------
FREE US Immigration Help We host free community conference call every other Thursday. Anyone is welcome to call in. Details are at: http://www.immigration.com/us-immigra...
To post questions for community calls, visit our forums at https://forums.immigration.com/forums..