H1B or F2 ??

[sukri]

I went to US on B2 visa with my fiance (who was a student in F1 visa) and stayed for around 6 months and came back to India. Meanwhile I had applied for change of status from B2 to H1b just before leaving US. My H1b petition got approved for 1 year as of end of March 2012 (part of last year's quota).

Now we will be getting married in July and my fiance will be on OPT. We feel its safer to go on a F2 than H1b as my H1B is valid only till 31st March 2013 and we are not sure of how easy it would be to extend my work visa. I have not got the visa stamped yet.

Should I ask my exployer to withdraw the petition before my F2 visa interview or can I just apply for F2 and ignore H1b by just letting know my employer. My fiance's company will sponser for his H1B only next year, which means that I cant travel on my H4 before Oct 2013

even if its approved.

I know I cannot travel on B2 again as I had stayed for just little less than 6 mths

I want to accompany my fiance after the wedding. Please let me know the best way how I should approach in my situation.

[livliv]

Both the Visas are for a different purpose.

If you want to work and if your H1B sponsor wants you to join them, you can apply for H1B Visa using the approved petition. It does not matter that the petition expires in Mar 2013. You will need to provide evidence that there is a legitimate job waiting for you. In consulting situations, that means providing client letter. Also, once you travel in H1 status, you must begin working.

In case of F2, you need to prove that you don't intent to immigrate. That makes it subjective to consular officer's discretion. Also, since your spouse has completed studies and started OPT, there is a somewhat higher risk of denial.

However, your F2 Visa denial will not affect subsequent H1B Visa application.

[wiweq]

"Should I ask my exployer to withdraw the petition before my F2 visa interview or can I just apply for F2 and ignore H1b by just letting know my employer. My fiance's company will sponser for his H1B only next year, which means that I cant travel on my H4 before Oct 2013

even if its approved."

=> Yes, you can go for F2 stamping. No need to cancel you H1b. One can have multiple visas stamped on passport but use the one at POE what s/he wants to stay on. Yes, you can use F2 to travel as long as he maintains F1 status.

[Attorney_22]

The forum is a limited medium for this type of question; therefore it is advisable to speak directly to a qualified U.S. immigration attorney to discuss your options in-depth. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.