F1 - OPT to H4 Transfer Filling Questions

4 views 5 answers
I am on F1-OPT status and I am currently in US. My husband is on H1B. I did not accumulate yet 90 days of unemployment on OPT and I want to change my status to H4. 1.I am planing to send all the required documentation for the change of status including I-539. Do I have to attach form I-134 affidavit of support or it is already understandable that my husband will support me since I will be his dependent ? 2. In form I-539 there is a questions asking if I have been employed after my last admission in US. Should I add my student worker positions on F1? I had 3 student worker positions and one OPT 6 month contract position. Thank you very much

Attorney Answers

5
Stephen Berman ·
In the past I have not filed the i-134 with this type of application but these days, perhaps it would be worthwhile. Of course you must complete the application accurately.
0 upvotes
Myron Morales ·
1. I normally do not include the I-134. 2. Yes, please include them and state how you were able to work legally. Myron R. Morales, Attorney Morales PLLC [email protected]
0 upvotes
Christian SchmidtImmigration AttorneyOakland, CA ·
You do not need an I-134 but it will not hurt if you include one. You must disclose any prior employment and should submit proof of employment authorization.
0 upvotes
Rebecca White ·
As noted including the I-134 may be something you can consider doing, but you will want to have the full filing reviewed by an immigration attorney prior to filing.
0 upvotes
Haroen Calehr ·
1. Not really necessary, just give your husband's name, relationship, name of employer, address and salary and position and state he supports you and his amount of income. 2. Yes, you must disclose and be as specific as possible and include "A" number of the EAD and the receipt # on the EAD OPT Card and the various employers, dates, salary, position etc.
0 upvotes