My husband's I140 has been approved but since he belongs to an over-subscribed country, it will easily take 3-4 years for the Priority date to become current. As such, the only option for me to be able to work after graduation seems to be through OPT which I can avail only if am on F1. So, we were thinking of applying for a change of status for me from H4 to F1, so that when I graduate after one year, I can start working on OPT and subsequently get my own H1.
I understand that if I travel on F1 and need to get my F1 visa stamped, it may be denied because of husband's I140 approval. Is this a reasonable concern?
It is very unlikely that an employer would apply for a new H1B in April and wait till October for me to be able to start working. Any other options or suggestions?
Your question is an immigration issue and not a worker's compensation matter. Please re-post asking for immigration assistance.
The information given is generic and does not constitute legal advice, which would only be given after a consultation and complete review of the specific facts of your case.
These are complex questions requiring rather lengthy and detailed answers. They are best posed to the H-1B attorney you have retained, who should easily be able to respond and explain.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Workers' compensation has to do with on the job injuries. Your question appears to be an immigration law question. You may want to re-post it in that section. Good luck.
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