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Can I change my status from OPT to H4?
Anonymous6 views3 answers
I am currently on OPT status which will be expiring at the end of June 2014. And my spouse, who's also on OPT and also expiring on this June. However he already received his H1B visa but it starts from October,2014. My question is Can I apply for H4 visa before his H1B Visa starts? What about the gap between his H1B visa stars and my OPT expires? Am I going to be out of status when my OPT expired?
Any advice would be greatly appreciated.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You can apply for a change of status from F-1 to H-4 with an effective date of October 1 at anytime, but since your OPT is due to expire by the end of June, you have two choices in the interim "gap" period:
1. Timely apply for a change of status to B=1/B-2 from end of June to October 1: not easily granted (ever, in CA) and you will have to prove ability to support yourself financially, etc. OR
2. Depart the country upon the expiration of your F-1 status (ask your school's DSO about when your "grace period" ends) and return to the US on September 20 with an H-4 visa which you will have applied for at the US consulate overseas.
You can apply for H-4 now only if your spouse's H-1B approval notice says "change of status granted." If your spouse's H-1B approval notice says "consulate notified of approval," then you cannot apply for change of status; you will need to depart the US within 60 days after the expiration of the EAD card. You (and your spouse) will be in legal status for 60 days after the expiration of the EAD card.
