F1 -> H4 COS (With OPT extension RFE Pending)

[suvin]

Hi Friends,
I am on F1 OPT which expired on 10-MAY. I have got RFE for the STEM extension which I need to respond before Aug-14. My Husband's I140 got approved recently so I am planning to Move to H4 and Withdraw the Stem Extension. However I have the following queries

1) Can I apply for H4 COS now and stay in US till its approved (now that my F1 OPT has expired)
2) Will withdrawing Stem Extension impact negatively on my H4 COS
3) I am currently working and my current contract is ending on 10-Jun.
4) Will I go out of status if I am unemployed (with H4 COS pending approval).
5) Can I utilize the 90 days unemployment clause now (as the F1 OPT is already expired) or will I go out of status once my current employment ends.

Please help

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[lisaanderson]

Hi Friends,
I am on F1 OPT which expired on 10-MAY. I have got RFE for the STEM extension which I need to respond before Aug-14. My Husband's I140 got approved recently so I am planning to Move to H4 and Withdraw the Stem Extension. However I have the following queries

1) Can I apply for H4 COS now and stay in US till its approved (now that my F1 OPT has expired)
2) Will withdrawing Stem Extension impact negatively on my H4 COS
3) I am currently working and my current contract is ending on 10-Jun.
4) Will I go out of status if I am unemployed (with H4 COS pending approval).
5) Can I utilize the 90 days unemployment clause now (as the F1 OPT is already expired) or will I go out of status once my current employment ends.

Please help

1. Yes, as long as you are still within your grace period, you can remain in the U.S.
2. It will not negatively impact your COS.
3. No.
4. If the COS is filed, you will not be out of status and the “unemployment” won’t matter.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...69704123046953 June 2nd - Please review comments from other users

[DesiOPT-FaceBook-Fan]

1) yes it needs to be in the 60 day window after your opt expires
2) no
3) you cannot work till you get the h4 ead. You can work till your opt expires or get an approval for h4...
4) no if you file for h4 before your f1 expires then you are covered
5) how long have you been unemployed on opt? If its it's more than 90 days then you have voilated the f1 law...

Please make sure that your dso is aware of your cos and get all possible documents from the school.. This means a letter indicating that you have maintained a valid f1 status... Good luck