F2 or H4 visa : Please help

[bogu001]

Hello friends,

I need your suggestions. Please share your experience.

I am currently working on OPT Stem Extension and recently I got H1B approved which starts from Oct 1st 2012. I went to India to get married in Feb 2012 and came back in March 2012 on OPT. But my wife who was in H1B went for stamping but she got 221g and is under Admin. Processing since 2 months and I am not sure how much time will it take to get her H1B approval.

So I am planning to bring her on F2 instead of H4 (as we cannot wait until Oct 1st). I have updated my H1B approval in my school (DSO) to issue me cap-gap I20 and requested I20 for my wife also. So both will get new I20 valid upto Sept 30th by this week.

• Is it good to go for F2 interview with my OPT valid until Sept 30th i.e. 5 months left? If Yes then is there any chances of getting her visa approved and how much amount should I show for financial doc's and what other doc's do we need for the interview?
  
• Or do you think we should wait and go for H4 instead of F2?
  
• Or do we need to wait for her H1B visa approval as it is still 5 months left to bring her on H4?
  

Please help us with the best possible way to bring her back to US as soon as possible.

Thanks.

[wiweq]

I would say to wait for the result of current H1b visa stamping. Even if it takes 1 month more, she can try F2. She can get the F2, even if you have one month on your F1. Wait and see what's the reason behind this delay.

[bogu001]

Thanks for your reply.

Just in case, if F2 gets rejected, then will it impact H4 visa?

[kalyan_ac]

She can go for F2.

F2 rejection may impact H4 stamping based on the reason for rejection as she is the dependent in both the cases.

[bogu001]

She can go for F2.

F2 rejection may impact H4 stamping based on the reason for rejection as she is the dependent in both the cases.

My wife got rejected for F2. The reason they told that because of my H1B is in Pending (221g) they cannot issue me F2. So what should she do now, as is took more than 3 months for H1B pending.

Her F1 Visa stamp on passport shows up to Nov 15th 2012, and it has not been cancelled when she went for F2 interview. But she asked her DSO at school and they said her Sevis records show automatically completed when she did change-of-status to H1B. They told she need new F1 Visa if she want to study Masters (full-time and no OPT) again.

• Is that true, that in order to enter US with new I20, she need to attend F1 Visa Interview again or can she come on old F1 Visa (is it still valid)?
  
• Will her old F1 visa become valid if she can terminate H1B.
  
• Did anyone before have this kind of experience, please share as we need serious help.
  
• In order to bring her on H4, we have to wait up to Sept/Oct. But till then what other options are there to bring her legally ASAP?
  

[wiweq]

• 
  
  • Is that true, that in order to enter US with new I20, she need to attend F1 Visa Interview again or can she come on old F1 Visa (is it still valid)?
    => Sad to know about F2 rejection, life is not so easy!
    She can use the same unexpired F1 with new I20 to enter in USA.
    
  • Will her old F1 visa become valid if she can terminate H1B.
    => No, old F1/ SEVIS cannot be reinstated unless DSO wants this on some legal grounds. e.g. my F1/SEVIS was terminated in April when my H1b approved. It should have actually terminated on Oct 1st. My DSO raised the ticket and reinstated my SEVIS account.
    
  • Did anyone before have this kind of experience, please share as we need serious help.
    
  • In order to bring her on H4, we have to wait up to Sept/Oct. But till then what other options are there to bring her legally ASAP?
    => In my view there is no way but to wait for your H1b result. Have patience, it's tough but it's the only way left.
    

[kalyan_ac]

Since her F1 visa was stamped cancelled with Prejudice she cannot use that and also per SEVIS record she cannot use the old F1 Visa stamp anyway.Once cancelled there is no question of becoming available.

Also yes she will need to go for F1 visa stamping with a new I20.

Options: Try again for F2 after a gap,also withdrawing the H1b may help Or wait till October for H4 visa.

[bogu001]

@wiweq: Thanks. So what steps should she follow to come on same old F1 Visa (stamp was not cancelled)?

@immigrationseeker: Thanks. But on her passport her old F1 Visa stamp was not cancelled. Only as per SEVIS Records mentioned by DSO, it is completed/terminated.

Yes we can wait for H1B or withdraw it before going for any other visa interview.

How, when and where should we withdraw her H1B?

[wiweq]

"Since her F1 visa was stamped cancelled with Prejudice she cannot use that and also per SEVIS record she cannot use the old F1"

=> I used the same F1 visa stamp for my second masters and I also travelled on that. In my case it was SEVIS transfer.

[kalyan_ac]

@wiweq: Thanks. So what steps should she follow to come on same old F1 Visa (stamp was not cancelled)?

@immigrationseeker: Thanks. But on her passport her old F1 Visa stamp was not cancelled. Only as per SEVIS Records mentioned by DSO, it is completed/terminated.

Yes we can wait for H1B or withdraw it before going for any other visa interview.

How, when and where should we withdraw her H1B?

Her employer should send a letter requesting the withdrawal to USCIS.

[bogu001]

"Since her F1 visa was stamped cancelled with Prejudice she cannot use that and also per SEVIS record she cannot use the old F1"

=> I used the same F1 visa stamp for my second masters and I also travelled on that. In my case it was SEVIS transfer.

So can she apply for new I20 to any univ or is to only same old univ? So how to change Sevis to new university if it is prev terminated?

Also will there be any problem if her visa is only till Nov 15th 2012, which is up to 5 months.

[bogu001]

Today, my wife got 221g blue form with case no. from Chennai consulate and returned previously submitted Client letter, I-129, I-179,... Below items are checked on the form:

"Your application requires additional information as indicated below. Please be sure to submit all the documents listed from serial 1-5.

...."

"You may submit the additional documents via drop box using VFS Services. ..."

Also hand written as "Send Passport" below it.

So does she need to submit any Photo and copies of DS-160, I-129, I-179, LCA?

Is it a positive sign? How soon can she get her visa stamped in this case?