F1 (OPT) to H4 change of status....pls help

[saijes]

I appreciate your time and Thanks for your response in advance.

Can some one kindly help with what all you know about the questions below.
Here is what my situation is

I am on H1B status. My fiancee is on OPT (F1 visa) which ends in feb 2010. Her H1-B applied in April 2008 got denied in november.We are planning to get married in May 2009 and while returning back to USA I would like to bring her on H4 visa. I am unable to decide whether to bring her on H4 because I have the following questions in my mind.

1) Can she enter into US on her F1 visa (OPT) if H4 is denied?
2) Can she apply for H1B under masters quota next year if she is on H4 visa?
3) Can I directly apply for H4 visa (like any regular applications for H4) or do we need to inform any immigartion office as she is trying to change her status from OPT to H4 in India or is it that when she gets her H4 visa her OPT status will automatically disregarded.

If she applies H1-B in April 2009 :
4) Can she go to India in April after applying H1-B visa?
5) If H1B got approved during her stay in India , does she need to have H1B stamping to get back to US ?
6) If H1B gets approved after returning to US, do we need to update USCIS with latest information like I-94?


Please advice

[txh1b]

1. Yes, if the visa is valid and not cancelled.
2. Yes if she has a US Advanced degree prior to April 1st.
3. She can appear for a H4 visa at a consular post. Once she enters on H4, her OPT is no longer valid. No need to inform anyone.

4. Her COS from F1 to H1 will get abandoned. H1 will get processed though. Read the FAQs.
5. Need not. She can return on any visa that she is eligible for.
6. Her COS is void. Read other posts on the details.

[saijes]

F1 - H4 COS pls help

Thanks for your reply!

When I go to consulate office in India for h4 stamping..does I require additional documentation other than my fiancee's pay stubbs , w2 since I am already on F1 (OPT) and working presently? Please advice

[VidhyaN]

COS for H1

Hi,

I have a few queries regarding H1 Visa. It would be of great help if anyone could clarify.

I am currenty on H4 Visa. My Husband is on H1 Visa.
We are planning to apply H1 for me this Apr 2009.
But we have a travel plan to India this Nov 2009.

In case my H1 gets approved, can I travel to India in Nov.
Then I should do my stamping in India, but I may not have pay stubs, will that be a problem. Is there any solution for this?

We thought we will apply for H1. But I 'll travel to india in H4 and return in H4(Return back in Feb 2010).
Then change my Status to H1. Is this possible?

Please advise.

Regards,
Vidhya.N

[txh1b]

Then I should do my stamping in India, but I may not have pay stubs, will that be a problem. Is there any solution for this?

Law requires you to work and get paid from day 1 on H1b. No exceptions. Employer must pay.

[saijes]

F1 - H4 COS pls help

--------------------------------------------------------------------------------

Thanks for your reply!

When I go to consulate office in India for h4 stamping..does I require additional documentation other than my fiancee's pay stubbs , w2 since I am already on F1 (OPT) and working presently? Please advice

[txh1b]

You need your documents to prove that you always maintained proper status in US on F1 in addition to all the docs as listed on immihelp for H4 visa.