F2 to H4

[jd4r]

I am on my OPT working in NJ for xyz company. My wife has recently gotten an F2 VISA in March (It has an expiration date of 27 Feb 2018, My F1 VISA Expiration is 28 August 2013, my OPT though expires in October 2013 ). My company is filing for an H1 when the window opens in April this year.

Here are my questions,

1) Given she should enter to USA as soon as possible? Should i file for a h1 and H4 jointly on April 1st when the H1B window opens. Given that she has just gotten her F2, what are the risks of filing so soon (Immigration Intent wise)? Should we delay filing for the H4, and will it make a difference?

2) If we file jointly for H1 and H4 (under the expedited process), will USCIS give a decision on both in 15 days or will H4 COS be processed separately, and hence would the H4 be subjected to longer processing time?

3) If her H4 is rejected will her F2 still be valid till the visa expiration date? or she can come while both application h1 and h4 is on pending status?

4) If my H1 gets approved while she is in India, So she has to go for H4 stamping? or she can come to USA and than i can apply for her h4 from here?

Please reply me all possible way how to maintain her status.

[t75]

Once an H4 application for her is in processing, she can legally remain on her F2 status. If she were to leave, she would need H4 stamping to reenter so you would have to be active in that status for her to obtain stamping. I suggest she enter on F2 and you file for her COS later. The timing is less critical for her than for you.

Filing for H4 soon after receiving F2 is not an issue.

I suggest you review the USCIS website for the rights and responsibilities for H1B/H4 visa holders.

[jd4r]

Once an H4 application for her is in processing, she can legally remain on her F2 status. If she were to leave, she would need H4 stamping to reenter so you would have to be active in that status for her to obtain stamping. I suggest she enter on F2 and you file for her COS later. The timing is less critical for her than for you.

Filing for H4 soon after receiving F2 is not an issue.

I suggest you review the USCIS website for the rights and responsibilities for H1B/H4 visa holders.

Thanks for your reply. You said that The timing is less critical for her than for you. but if she enter into USA in April or May than i have still time to apply fror her H4 till 3 September right? Because my OPT is expiring in October 2013 and my visa expire on 28th August 2013. Assuming my h1 approve in April if i do premium process than later on i can file for her H4.