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Spouse getting visa while OPT is near its expiration(URGENT PLEASE)

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  • Spouse getting visa while OPT is near its expiration(URGENT PLEASE)

    Hello,
    I want help regarding someone who's on OPT, he already extended his OPT and that will be expiring this SEP'11. He is currently employed with a consultancy and does not have any project right now. He wants to come get married somewhere aroun may or june. I have few concerns regarding this. He want to start his H1 process before coming to get married as H1 process may take few months.
    1. Will he be able to travel so near to his OPT expiration.
    2. Will he be able to travel while his H1 is in process.
    3. Should he start his H1 process after going back in june or will ti be too late?
    4. Can he easily call his spouse, as it may take time as he has to go back, request for I-20 from his university and then his spouse apply for interview. What are the chances for her getting a visa so near to his OPT expiration.
    5. In case of his spouse is rejected for visa for some reason will she be able to apply if his visa gets converted to H1 even though his H1 will not be stamped.
    Please i am in need of URGENT help.....

  • #2
    Your friend is treading on thin ice here.
    Traveling while your change of status is pending is never advisable.
    If there is no project, it is highly likely that his employer's H1 petition will get denied too. Overall, he should be thinking about getting a project or a good full-time job and not getting married right now. Marriage and travel will further complicate things. That is my advice. If you want I can answer all those questions too, but seems pointless to me.
    This is my opinion and not legal advice.

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    • #3
      he got a new project recently. what will be the circumstances now??

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      • #4
        It is better if his H1 petition is filed under premium processing, so that he can get a decision in 15 days. He should not leave the US while the petition is pending. His work authorization during the gap between end of OPT and Oct 1 is also dependent on the result of H1 petition.
        His wife can apply for an H4 Visa after his H1 petition gets approved and travel to the US after Oct 1.
        This is my opinion and not legal advice.

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        • #5
          what if he delays hi H1 processing and come get married. will he be able to travel so near to his OPT expiration?

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          • #6
            It is not advisable. Also, F2 Visa for his spouse may get denied. If he wants to do that, doing so with at least 2 months between date of return and OPT end date is advised.
            This is my opinion and not legal advice.

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            • #7
              thank you soo much.........

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