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OPT stamping in INDIA(H4 to F1 COS)

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  • OPT stamping in INDIA(H4 to F1 COS)

    I started my Masters on H4 and did COS to F1 to avail the OPT option and my OPT got approved and is valid fromJuly 2014. My opt will be expiring in 2015.
    I am planning to travel to India now for a 1 month vacation and planning to go for my visa stamping(REMEMBER I did not get a visa stamp on F1 status as I haven't traveled outside USA when I did COS from H4 to F1). I will be carrying my F1 approval letter from USCIS, EAD card, my offer letter,client letter,pay slips, proof of residence in USA(utility bills,drivers license,home address and address proofs). My doubts are:

    1. Will I have any problem during the stamping as I have applied for opt extension?
    2. Is it going to be a problem getting a stamp on my visa because I entered USA on H4 status saying that I am not planning to work in my visa interview and am actually working now on OPT which is contradictory to what I said earlier in my interview.
    3. I am listed as spouse in my husband's Green Card process-his I-140 is cleared with priority date 2010 Dec. His filing says that I will accompany my husband during his legal stay in USA but my F1 terms and conditions are to get a degree in USA and return to home country..will this be a contradictory situation...?

    Please help me ASAP and I need to make my plans accordingly.Any recent experiences please share.

    Thanks!!

  • #2
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    • #3
      Originally posted by kalyana View Post
      I started my Masters on H4 and did COS to F1 to avail the OPT option and my OPT got approved and is valid fromJuly 2014. My opt will be expiring in 2015.
      I am planning to travel to India now for a 1 month vacation and planning to go for my visa stamping(REMEMBER I did not get a visa stamp on F1 status as I haven't traveled outside USA when I did COS from H4 to F1). I will be carrying my F1 approval letter from USCIS, EAD card, my offer letter,client letter,pay slips, proof of residence in USA(utility bills,drivers license,home address and address proofs). My doubts are:

      1. Will I have any problem during the stamping as I have applied for opt extension?
      2. Is it going to be a problem getting a stamp on my visa because I entered USA on H4 status saying that I am not planning to work in my visa interview and am actually working now on OPT which is contradictory to what I said earlier in my interview.
      3. I am listed as spouse in my husband's Green Card process-his I-140 is cleared with priority date 2010 Dec. His filing says that I will accompany my husband during his legal stay in USA but my F1 terms and conditions are to get a degree in USA and return to home country..will this be a contradictory situation...?

      Please help me ASAP and I need to make my plans accordingly.Any recent experiences please share.

      Thanks!!
      1. Yes, F-1 visa stamping becomes very difficult once you have entered the OPT period. The Consulate is less likely to approve the visa. They don’t want proof of residence in the U.S. They want proof of your ties to India and proof that you will return to India when your OPT is done.
      2. That will unlikely be a problem.
      3. Yes, the consular officer could ask if your spouse has started the green card process and you must be honest.

      Best advice is not to travel. However, if you must, be prepared to file for the H-4 visa if your F-1 visa is denied.

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