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Leila Freijy

Leila Freijy’s Answers

2 total

  • H4 Application for my wife in the month of July, when I have received the H1b petition approved in the month of June

    Currently I am on OPT STEM extension (expiring in June. '14), but If I get H1 approval for in the month of june with start date of Oct 1,2013 can my wife apply for H4 in July or she has to wait till october? I am aware that she cannot enter befo...

    Leila’s Answer

    If your wife is in the U.S., her H-4 application can be filed at the same time that the H-1B petition on your behalf is filed in April 2013. Then her status will be changed to H-4 on October 1, 2013 at the same time that yours is changed to H-1B. If she is outside of the U.S., she could apply for her H-4 visa at the Consulate abroad after your H-1B has been approved, but the visa will only be valid as of October 1, 2013. While your wife can theoretically apply for an F-2 visa, if she's applying in India, the U.S. Consulates there have been unwilling in many cases to issue an F-2 visa while you're in the OPT period.

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  • Travelling out of the US with H1B application filed and OPT valid for another 17 months?

    I have plans to leave for India on April 28, 2013 and will file for an H1B visa in the month of April before I leave for India. I have OPT, valid till Jun 2014. Is there any risk in filing for H1 and leaving the country? Is there any risk when...

    Leila’s Answer

    Another option you have is to have your employer file the H-1B petition without requesting a "change of status." When approved, the I-797 will not have a tear-off I-94 card. Then, before your OPT ends you would need to leave the U.S., obtain an H-1B visa stamp in your passport and then re-enter the U.S. to "activate" your H-1B status. As you have a degree from the U.S., you should be able to do this at a U.S. Consulate in Canada. This will also allow you to maximize your F-1 OPT status while still securing your H-1B visa number. Regarding your travel to India while in F-1 status, you should have a valid F-1 visa stamp in your passport. If not, the U.S. Consulate in India may not issue you a new one as your course of study is complete..

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