H1B application and OPT status

[Sthomas]

Hi, you guys are doing a very good job.

So here is my situtaion.

I am on OPT STEM extension. My status expires in Feb 2016. My company applied for H1b this year and my application dint get picked. They will be applying again next year.

I am planning to get married in 2015. Knowing that the application filing process begins from March 2015, when do you guys think would be the best time for me to go to India to get married and get my spouse with me? Do you think I will have issues getting married in June/July 2015? What visa do I have to apply for my spouse ?

Thank you.

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[DesiOPT-FaceBook-Admin]

Your message was posted as anonymous on Facebook wall- (Dec 19th)

[lisaanderson]

Hi, you guys are doing a very good job.

So here is my situtaion.

I am on OPT STEM extension. My status expires in Feb 2016. My company applied for H1b this year and my application dint get picked. They will be applying again next year.

I am planning to get married in 2015. Knowing that the application filing process begins from March 2015, when do you guys think would be the best time for me to go to India to get married and get my spouse with me? Do you think I will have issues getting married in June/July 2015? What visa do I have to apply for my spouse ?

Thank you.

Since your F-1 OPT expires in February 2016, your 60-day grace period generally starts then. You are required to leave the U.S. by the time your grace period ends. If the employer files your H-1B in April 2015 BEFORE your grace period ends, you will be allowed to remain in the U.S. until your H-1B is rejected, denied or approved. If it’s approved, you can stay until September 30, and your status will change to H-1B on October 1.
Since you are only covered by Cap Gap, if you leave the U.S. after your H-1B is approved, you cannot come back to the U.S. in F-1 status since your F-1 education is complete and your OPT is done. If your H-1B gets picked in the lottery and gets approved, you will not be able to re-enter the U.S. until September 20, 2015 with the H-1B visa. You will need to get your H-1B visa stamping done and your wife will need H-4.
The only way to return in F-1 status is if, by the time your OPT ends, you re-enroll in school and resume your F-1 status. Then you can return with the F-1 visa and your wife can return with F-2. However, this may complicate the H-1B Change of status so you should speak with an attorney before doing this.
Here are some information about traveling during Cap Gap: http://www.visapro.com/Immigration-A...s/?a=1517&z=45 and http://www.uscis.gov/working-united-...ap-regulations.

[DesiOPT-FaceBook-Fan]

Take your bigoted attitude someplace else.

[DesiOPT-FaceBook-Fan]

two things if you go now u can safely com back but lot of money will be wasted applying f2 now and h4 again .in the case 2 after geeting h1 u need to go for stamping which is not recommended .i am in the same situation and trying for a girl who is working or studying may be in feb i will go to india

[DesiOPT-FaceBook-Fan]

your ancestors did exactly that.

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