H4 to f1 to opt

[avinashrajgovind]

Hello,

My wife is on h4 and has started her masters in Jan 2015. We would like to apply for COS to f1. I understand this is a straight forward process. After F1 she would like to apply for OPT.
Now, she will be completing her masters in march-2016 next yr (This can be extended till june-2016)
1. If we file for COS from H4 to F1 in april-2015 and hoping that it will be approved in 3-6 months. Will she be eligible for OPT ? Is it mandatory to have minimum 9 months of enrollment once F1 is approved
2. We have checked with university they mentioned one academic year of study since F1 is approved. But she has already completed 3 courses and has 12 - 15 months maximum of education left. We are not confident that her COS will be approved in 3 months because of increased I-539 applications to USCIS.

Appreciate your advice.

[I][U]I have tried to look for similar cases in the forum and found none. If i missed something please let me know.[/U][/I]

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[lisaanderson]

Hello,

My wife is on h4 and has started her masters in Jan 2015. We would like to apply for COS to f1. I understand this is a straight forward process. After F1 she would like to apply for OPT.
Now, she will be completing her masters in march-2016 next yr (This can be extended till june-2016)
1. If we file for COS from H4 to F1 in april-2015 and hoping that it will be approved in 3-6 months. Will she be eligible for OPT ? Is it mandatory to have minimum 9 months of enrollment once F1 is approved
2. We have checked with university they mentioned one academic year of study since F1 is approved. But she has already completed 3 courses and has 12 - 15 months maximum of education left. We are not confident that her COS will be approved in 3 months because of increased I-539 applications to USCIS.

Appreciate your advice.

[I][U]I have tried to look for similar cases in the forum and found none. If i missed something please let me know.[/U][/I]

Generally, the rule says you cannot be eligible for OPT unless you have been enrolled for 9 months or 2 semesters. There is no written requirement that the 9 months must be in F-1 status, just that you be in F-1 status when OPT is filed. However, some schools interpret the regulation to mean that full 9 months must be in F-1 status. While their interpretation may be wrong, there’s really no way to fight it as they are the ones issuing the I-20 for OPT.

If you are worried the COS will not be approved in time, why are you waiting until April? Why not file now? Also, is F1 stamping an option? If the COS takes too long, she can leave and get the F-1 visa stamp and return before August in F-1 status. Worst case scenario: if consulate will not give her F-1 visa, she can still return on H-4 visa.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 14th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

take a semister break thats what people usually do

[DesiOPT-FaceBook-Fan]

Boss man if you are on h1 why dont you work on getting i40 approved....

[DesiOPT-FaceBook-Fan]

To avail OPT, candidate should be on F1 status at least for 1 year as a full time student... Plan accordingly..!!

[DesiOPT-FaceBook-Fan]

I think its better to go India and attend for F1 visa and continue masters.

[DesiOPT-FaceBook-Fan]

Go for stamping it is fastest method ..
Check for h4 ead law .

[DesiOPT-FaceBook-Fan]

I recently did a COS from H4 to F1. The only requirement for OPT is being a full time student for 2 semesters. It doesn't matter when you change to F1. Easy process. Don't go to India for stamping.