Travelling on OPT after submitting H1B (w/o COS) on April 1st, 2014

USA H1B Visa
1

I am travelling on OPT ext which expires on Sep 30, 2015 with my F1 student visa expiring on Dec 15, 2015). I am working as a full time employee and my company submitted my H1 B application with consular processing (w/o COS) on April 1st, 2014 and haven’t heard back from them yet.

My wedding is on May 25th, 2014 in my home country. I am leaving the country till June 25th and wanted to come back with my wife on my F1 student visa/OPT.

  1. Will I be in trouble if my H1b gets approved when I am in my home country, even though I applied w/o COS.

  2. Can I come back and start working with the same status which I am in and then apply for COS?

  3. Will there be any issue in bringing my wife on f2?

2

  1. No issues as it was applied w/o COS. You can continue to work on OPT and can file for COS to H-1 later

  2. Yes

  3. She will have to appear for F-2 visa stamping. As your course is already complete, it may be little tougher to get.

3

Well thank you saurabh and I appreciate for your immediate reply. Do you mean my OPT course is already complete? (it expires in sep, 2015). Could you please tell wt would be the major reason that makes tougher to get her f2?

4

I meant to say your school course is already complete (as you are on OPT now). Typically I have seen F-2 being difficult in such a scenario as the VO can say that the course is complete and deny her F-2 on those grounds. You should search online to find similar experiences.