F1 STEM OPT to H4 transition

These are applications on two separate tracks – F-1 STEM OPT and H-4. They have different rules, and there should not be an issue if your H-4 approval arrives after your current OPT expires. As H-4 rules are not the same as OPT rules, the 90 days rule for employment does not apply. Please note, however, that an individual cannot hold two nonimmigrant statuses in the US, so be aware that after obtaining one benefit, a subsequent approval of the second benefit will generally supersede the first approval. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.