My wife in on F1 OPT(non STEM). We have applied for COS to H4. I am on H1B and no do have any green card processing. Her 90 days of unemployment is reaching soon but we believe the COS H4 approval will come after the 90 day unemployment has been reached. Will she be out of status once the 90 day employment period is reached? Should she be touching and closing the her OPT record in SEVIS portal or leave it as it is? Thank you very much.
F1 OPT(non STEM) COS to H4 with 90 days of unemployment is reaching soon. Would the person be out of status/be illegal in US?
If she has already applied for H4 with an effective date before you hit 90 days, you are fine, you will be in period of authorized stay as she waits for H4. You can check Period of Authorized Stay vs Out of Status . You should discuss with the DSO and do any adjustments as needed to be in correct status.