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pavancr7

b2 to f1 need advice

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My name is Pavan. I am looking for Visa consulting & advisory services. Here is my detailed scenario and need assistance and advice based on the given situation.

I got married last December 2020 and travelled to the US on a B2 visa on Feb 4th 2021 to visit my wife who has an F1 visa, and I am living with her right now. I didn’t apply for a marriage certificate in India as my wife had to travel to the US immediately after the marriage.

My wife's i20 status is getting expired next month (July 2021) as she will be done with the last semester and she is planning to join another PHD program to get the new i20 status. So, in this case I can’t apply for f2 visa till my wife gets new admission and the new i20 status

She also got h1 picked this time but she has to wait till October to get h1 approval. Till then I can’t apply for h4 visa status.

At this point in time, I have a few scenarios.

Right now my wife is conceived and she is expecting on Nov 28th. I have 3 months left (till Aug 1st week) to stay in the US on a B2 visa. At this point, I only see a few options left for me.

1.      B2 Extension for another 6months

2.      Change of status to f1/f2

Due to the pandemic situations, I am not sure if I had to leave my wife and travel back to India to apply for an f1/f2 or h4 visa.

Kindly suggest the best options for me. I would need consulting and advisory services. 

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You can do Change of Status inside the US.

I am not sure what "didn't apply for a marriage certificate" means; does that mean you are not legally married?

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One, don't post your name here. That is the basics of using Internet. 

Two, was your wife's I-129 petition approved? 

Change your status to F1/F2 isn't going to help because you are not going to school, and your wife's I-20 is going to expire soon and I am assuming she doesn't plan to go to another school when her, which means it's impossible to change to F2 because it takes very long time to process I-539(change of status) now. That means that B2 extension will take a very long time as well. 

I would consult this with your wife's company's lawyer. 

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Hi Murthy Law Firm

I am using this page as the most relevant topic in discussion.

My wife was working on L2-EAD till March this year. My L1-B went for an extension and she lost her job.
On the receipt of I-797C, we have applied for the new EAD and completed her L2 fingerprinting also.

In the March end H1 lottery, my name is picked up. This means that by Oct, I will switch from L1B to H1B and my wife will not be able to work at all.
Question to you : What if in these 5 months, if we get the L2-EAD, will that be legal for 2 years or auto-cancelled by October when I switch to H1.
Question to you : If my wife uses this time for a Full Time Masters, does F1 visa change require us to travel back to our native ? Or it can be managed within US ? Intension is to let her try from F1 to her own H1 and not wait for I-140 and EAD.

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