Opt travel

[Suvash 0]

I have recently graduated and filed OPT. Visa is about to expire couple of weeks. My wife back home is in EB3 skilled process as Registered Nurse. She is about to file Ds260 including detail of Spouse. 
will it be safe for me to travel in OPT to face visa interview with here which would change my status immediately if accepted. I have been here at USA since 5 years, with legal F1 status. 
Can anyone suggest me, what would be good

[SusieQQQ 11,586]

What aspect of “safe” are you concerned about? Are you planning to travel without knowing when her interview date is (i presume she doesn’t have one yet if she hasn’t filed a ds260 yet?) or waiting till she has an interview scheduled?

 

Btw: The visa interview won’t ‘change your status immediately’. If successful, you will get an immigrant visa. Once you have entered the US on that immigrant visa, then you will become an LPR.

[Suvash 0]

Yes, she have not yet filled. Since, her contract allows Spouse to be sponsored as well. Will it be safe for me to travel to accompany interview with her? 
Is it better to fill Ds260 for me as well, since the agency is saying so…

Thank you for the response.

[SusieQQQ 11,586]

Yes of course she should fill you in the DS260, if you want a green card

 

I’m sorry but I still don’t understand what you mean by “is it safe” to travel, you have not indicated what you think the problem might be 

[Suvash 0]

My concern is that, I will be in opt and expired visa

[SusieQQQ 11,586]

54 minutes ago, Suvash said:

My concern is that, I will be in opt and expired visa

Well you obviously can’t go back to the US on an expired visa but you would (presumably) have an immigrant visa by then so that wouldn’t matter.

 

Are you worried about unlawful presence? If your OPT is valid then your stay is authorized regardless the expiry date on the visa. You may want to re-familiarize yourself with the distinction between authorized stay and visa expiry :https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html 

 

 

 

[Suvash 0]

Thank you so much for the info.

[arken 4,197]

Submit DS260 for both of you. You won't get the immigrant visa by just putting your details on her DS260 but not submitting your ds260. Once both 260 is processed and the interview is scheduled for both (very likely they will schedule both at the same time slot), travel to Nepal for necessary medical and such. Sometimes it could take several months after DS260 is processed for the interview, so no point in traveling before knowing the interview date unless you want to abandon your current work.

[Suvash 0]

On 6/3/2022 at 10:16 AM, arken said:

Submit DS260 for both of you. You won't get the immigrant visa by just putting your details on her DS260 but not submitting your ds260. Once both 260 is processed and the interview is scheduled for both (very likely they will schedule both at the same time slot), travel to Nepal for necessary medical and such. Sometimes it could take several months after DS260 is processed for the interview, so no point in traveling before knowing the interview date unless you want to abandon your current work.

If i decide not to go Nepal, I can wait here and do adjustment of status right?

[SusieQQQ 11,586]

21 minutes ago, Suvash said:

If i decide not to go Nepal, I can wait here and do adjustment of status right?

Yes, but only after she has her immigrant visa and (I think) has entered here, and then it will be months, possibly over a year after that, before you get a green card. It will be much faster if you get it with her.

[arken 4,197]

11 hours ago, SusieQQQ said:

Yes, but only after she has her immigrant visa and (I think) has entered here, and then it will be months, possibly over a year after that, before you get a green card. It will be much faster if you get it with her.

This. You have a chance of getting immigrant visa and subsequent GC together with your wife or 1-2 years with lots of worrying about processing times/EAD/AP after she immigrates. The former is much better.  As i said, you can time your travel to nepal only when the interview is approaching so all you need to do is do medical before the interview.