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OPT expiring in Oct and do not have a job yet. Can I go to India and then apply for H4 at US Consulate in India?

Peabody, MA |

Hello Sir/Madam,
I came to the US on H4, then I changed to F1 and it is stamped on my passport. Now, I do not have a full time job yet. I am planning on going to India in Nov, can I apply for H4 at US consulate in India once I am there. Or should I apply for H4 before my OPT expires and while I am already here in US.

Attorney Answers 3


  1. Assuming you are related to someone holding H-1B status, then it may be possible to apply for an H-4 visa.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.


  2. You get 60 days grace after OPT expires. By then you will leave, so apply for H-4 visa. If you apply for COS and then leave, it will be considered abandoned.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  3. If you already have plans to depart the U.S. to visit India, you may as well request the H-4 status at the U.S. consulate. There is no need to file the FORM I-539 in the U.S. to request the change of status from F-1 to H-4.

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