H4 if F1 renewal on OPT rejected

[baza]

Hi all,

My girlfriend graduated in May 2008 and is now working full-time on OPT (valid till June 30th 2009). Her F1 already expired in May 2008.

I am on H1B visa with i-140 approved and waiting to file i-485 (priority date is not current yet).

We would like to go to India this December to get engaged. Since she does not have a valid F1 stamp anymore, the plan is to get her F1 visa renewed. There seems to be a standard process to get F1 visa extended for those on OPT for the remaining period of OPT.

However, what are our options if the F1 renewal stamping gets rejected? I was thinking we can get married and then I will bring her back to USA on H4. Of course she wont be able to work until an H1 is approved or my i-485 can be filed (hence getting an EAD 4-6 months later).

Will there be any problems getting H4. Are there any better ideas? Any help will be greatly appreciated. Thanks in advance.

[txh1b]

Will there be any problems getting H4. Are there any better ideas? Any help will be greatly appreciated. Thanks in advance.

Not if you are married formally. No.

[baza]

Thanks txh1b. I have heard that F1 renewal on OPT is a little risky. Is there any truth in it? I mean is it any more risky then getting an F1 visa in the first place? If all the documents are in place and if the candidate can show intent to come back to India I dont see why a renewal may be rejected!!!

[ajaktha]

high risk

u say she has already graduated; why do u think they will renew her F1 visa.

[baza]

Afaik, an expired F1 visa can be renewed on OPT after student has graduated if:

- The employer issues a letter saying that the employee on OPT has a valid full time job for the duration of the OPT and is expected to report back from travel on a particular date.
- The employee can convince the visa officer that he/she will return to India at the end of the OPT.
- The employee can convince the visa officer that OPT is an important extension of his/her course of study (important for completion).
- There was a valid reason to leave the country.
- All required documents are in place.