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Pregnancy during F1 status and OPT period after graduation
Anonymous4 views3 answers
I'm currently on H1-b still waiting on my PERM approval. My wife is currently on H4 status and planning to study on F1 as International student. so that she can get work permits either before or after graduation such as CPT and OPT (optional practical training). what would be the challenges if she becomes pregnant..for how long can she get the leave?
My advice is simple: Don't shift her to F. The work permit isn't worth it.
She needs to demonstrate non-immigrant intent for the F .... hard to do when her husband is waiting for a PERM approval.
The work permit isn't worth it.
Have her consult directly with her DSO (Designated School Official) as to the practical implications of a period of pregnancy/childbirth "leave" in relation to SEVIS reporting and coordination with the prospective employer under OPT. However, dealing with the birth of a child is not a legal justification under the Regulations for extending CPT or OPT beyond the authorized period(s).
Unlike the F category, H is a dual intent visa. If you have plans to permanently live in the US, it would be advisable to keep the H status. You can process your green card case (PERM is only the 1st step) enter-exit the US and not worry about "immigrant intent" issues. If your wife is pregnant, maybe the green card outweights having employment authorization? Otherwise, if she C/S to F, then it's always best to consult with the DSO any student-employment related issues
