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Reaching 90 days of unemployment on OPT

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  • Reaching 90 days of unemployment on OPT

    Hi All,

    I would like the opinion of experts on the situation that me and my wife find ourselves in:

    I am currently on F1 student visa and my OPT application is under process. I already have an academic job offer and am waiting for my OPT to be processed so that I will join my job in Aug 2019 using my EAD. Since it is an academic job, I expect my H1B to be processed soon after I join.

    My wife is currently on her OPT but has not found a job yet and will reach her 90 days of unemployment soon. My questions are:

    A) If my wife applies for change of status to F2 visa before her 90 days of unemployment are over, then can she stay in US when her application is being processed even after her 90 days unemployment period is over (something like Cap-gap but for F2 visa)?

    B) Can we apply for my wife's F2 visa when my OPT application is currently with USCIS and is being processed? Or should I wait for my application to be processed first and then apply for her F2 visa?

    C) If she returns to India before her 90 days of unemployment are up to ensure her status is not violated here, can she apply for a new F2 application from India?


    - Harry










  • #2
    Originally posted by Harry001 View Post
    Hi All,

    I would like the opinion of experts on the situation that me and my wife find ourselves in:

    I am currently on F1 student visa and my OPT application is under process. I already have an academic job offer and am waiting for my OPT to be processed so that I will join my job in Aug 2019 using my EAD. Since it is an academic job, I expect my H1B to be processed soon after I join.

    My wife is currently on her OPT but has not found a job yet and will reach her 90 days of unemployment soon. My questions are:

    A) If my wife applies for change of status to F2 visa before her 90 days of unemployment are over, then can she stay in US when her application is being processed even after her 90 days unemployment period is over (something like Cap-gap but for F2 visa)?

    B) Can we apply for my wife's F2 visa when my OPT application is currently with USCIS and is being processed? Or should I wait for my application to be processed first and then apply for her F2 visa?

    C) If she returns to India before her 90 days of unemployment are up to ensure her status is not violated here, can she apply for a new F2 application from India?


    - Harry








    A. Yes
    B. Yes you can apply, but waiting is preferable.
    C. Yes.
    Just an opinion; Not legal advice.

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