OPT ends soon. COS details from F1 to F2.

[ssr123]

Hello,

I have a few questions. I am currently working on OPT (STEM extension valid till Sept 2016).

I did not receive any response yet about my H1B application. It it safe to assume that the application was not selected in the lottery and I should be expecting a reject soon? I hear rumors that there are still chances about the application getting selected.

My girlfriend is also currently working on OPT. Her status ends mid July and she is not eligible for STEM extension. She is now looking to secure a job in a company which sponsors uncapped visas. Even she hasn't receive a reject for her H1B application. Is it safe for her to make an application for uncapped H1B visa if her current application decision is still not received.

If not, then we are plan to get married so that she can stay here and continue searching for jobs. Does she need to send a COS (to F2) before her current status expires? What are the legal complications involved in taking this decision? Are their chances of application getting rejected? What is the best thing to do in this case?

Hope to hear back from the team soon. Thank you!

[inadmissible]

It can take 3-6 months to process a F-1 to F-2 COS.

You need to take charge of this by contacting your school's international student office.

She run the risk of denial for trivial reasons (she screws up her COS application, your DSO screws up I-20, USCIS screws up adjudication) which puts an end to her F-1 D/S, requiring her to leave the country. She run the risk of finding a cap exempt job that won't wait long enough for her F-1 to F-2 COS to complete, and then wait for her F-2 to H-1B COS to complete.

USCIS needs to accept her filing (and it has to be an APPROVABLE F-1 to F-2 COS filing) prior to the 60 days grace elapsing. It may take days or weeks to get a certified copy of your marriage certificate, depending on the issuing authority.

Obviously, choosing to marry a guy who is a US citizen (resulting in a green card for her) instead will expand her employment opportunities and provide flexibility in her travel plans.

I recommend that she saves her 60 days grace for a real emergency, or to wind up her affairs when your F-1 comes to an end. So she should apply for her marriage license in time to get married and request her marriage certificate in time to apply for COS before her status is ends.

[ssr123]

I recommend that she saves her 60 days grace for a real emergency, or to wind up her affairs when your F-1 comes to an end. So she should apply for her marriage license in time to get married and request her marriage certificate in time to apply for COS before her status is ends.

Can you explain this? Do you mean we should get the marriage procedure and application completed before her current status ends?

Also what are the chances of getting an approval for uncapped H1B in the grace period if we do not marry? She is in talks with a company and we think she will get the job.
And since she hasn't heard back from the current capped h1 B application is there a risk in applying for uncapped H1B?

Thanks for your response. I really appreciate it!

[inadmissible]

Can you explain this? Do you mean we should get the marriage procedure and application completed before her current status ends?

yes

what are the chances of getting an approval for uncapped H1B in the grace period if we do not marry? She is in talks with a company and we think she will get the job.

Low to zero. I'm surprised she wants to marry you at all, when getting a green card by marrying a US citizen expands her opportunitys

since she hasn't heard back from the current capped h1 B application is there a risk in applying for uncapped H1B!

No