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?

Asked 3 months ago - 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. Daniel Patrick Hanlon

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more
  3. Adan G. Vega

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,058 answers this week

2,904 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,058 answers this week

2,904 attorneys answering