Skip to main content

H4 to F1 COS

Austin, TX |

My wife is in H4, and has applied for COS to F1. Its been pending for more than 3 months, and her course is for an year. Now, if her F1 is delayed and approved after the course is started, can she apply for OPT, as for OPT you should in F1 for 9 months consecutive ? Also, if F1 is approved, will the status be effective from the approve date or from the date when I20 is issued ?

+ Read More

Attorney answers 3


You must be in valid F-1 status for 9 months and graduate or complete the course of study to get OPT. Also, that program does not sound like they can authorize OPT in the first place.


You cannot file for OPT unless you have been in valid F1 status. She would need to be in F1 status for 9 months in order to apply for OPT.

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


OPT can be obtained after the course is completed.

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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer