H1B and spouse's F1 stamping together on a same day


info36367

Recommended Posts

I came to United States in 2009 for pursuing Masters. In March 2011, I went to India and got married, we applied for my wife's F2 (student dependent) visa that was denied due to the fact that I had only 3 months left before I graduate. My wife then applied for a B1/B2 (tourist visa) by mentioning that she would like to accompany me for attending my graduation ceremony and wedding reception I planned in US.

 

In 2011, I graduated from the University and scored a job with one of the management consulting firms. My wife returned to India soon before her B1/B2 got expired and re-entered on H4 visa.

 

In 2012, my wife appeared for GRE and applied for same masters program in the same university. She recieved 40% scholarship with the admit. She pursued internship with the online retailer in the United States and now look forward to graduate in 2014. She also has a full time employment opportunity with one of the big 4 auditing firms, that does not start until after she graduates.

 

We both are planning to go to India to visit our parents. I have not visited my parents after wedding and this would be the first time I am visiting India after change of status from F1 to H1B. Similarly, my wife would be visiting India after her change of status from H4 to F1.

 

We both have taken the same date, same time slot but different Visa interview appointments in Mumbai consulate. We both would highly appreciate any guidance we can recieve from this forum. Thanks in advance!!

 

Questions :

1) My wife is going for H4 - F1 change of status stamping, and I am going for F1 to H1 change of status stamping. We both are appearing separately in the interviews as these are two separate Visa categories. Would it be fine? Or are there any issues/red flags?

 

2) I have not been to India in 2 years after change of status to H1, and now I have 8 months left on the current H1B visa approval I 797. Would this be an issue for stamping H1?

 

3) If VO ask my wife as why she needs F1 visa while she has a valid H4 visa to pursue and complete graduation. What would be the right answer? She cannot say CPT requirement for graduation, because she has already completed internship in summer 2013?

 

4) If my wife's F1 gets denied, I know she can enter on H4 as long as my H1 stamping gets approved. What are her chances to continue with her graduation if my H1 stamping and her F1 stamping both gets denied at the same time? Any remediation steps or action?

 

Thank you so much for your help!

Link to comment

I came to United States in 2009 for pursuing Masters. In March 2011, I went to India and got married, we applied for my wife's F2 (student dependent) visa that was denied due to the fact that I had only 3 months left before I graduate. My wife then applied for a B1/B2 (tourist visa) by mentioning that she would like to accompany me for attending my graduation ceremony and wedding reception I planned in US.

 

In 2011, I graduated from the University and scored a job with one of the management consulting firms. My wife returned to India soon before her B1/B2 got expired and re-entered on H4 visa.

 

In 2012, my wife appeared for GRE and applied for same masters program in the same university. She recieved 40% scholarship with the admit. She pursued internship with the online retailer in the United States and now look forward to graduate in 2014. She also has a full time employment opportunity with one of the big 4 auditing firms, that does not start until after she graduates.

 

We both are planning to go to India to visit our parents. I have not visited my parents after wedding and this would be the first time I am visiting India after change of status from F1 to H1B. Similarly, my wife would be visiting India after her change of status from H4 to F1.

 

We both have taken the same date, same time slot but different Visa interview appointments in Mumbai consulate. We both would highly appreciate any guidance we can recieve from this forum. Thanks in advance!!

 

Questions :

1) My wife is going for H4 - F1 change of status stamping, and I am going for F1 to H1 change of status stamping. We both are appearing separately in the interviews as these are two separate Visa categories. Would it be fine? Or are there any issues/red flags?

 

2) I have not been to India in 2 years after change of status to H1, and now I have 8 months left on the current H1B visa approval I 797. Would this be an issue for stamping H1?

 

3) If VO ask my wife as why she needs F1 visa while she has a valid H4 visa to pursue and complete graduation. What would be the right answer? She cannot say CPT requirement for graduation, because she has already completed internship in summer 2013?

 

4) If my wife's F1 gets denied, I know she can enter on H4 as long as my H1 stamping gets approved. What are her chances to continue with her graduation if my H1 stamping and her F1 stamping both gets denied at the same time? Any remediation steps or action?

 

Thank you so much for your help!

1. Yes

2. No

3. Whatever is her reasoning for studying on F1 visa.

4. Zero.

Link to comment

Thanks Jairichi!

 

So would it ok if wife says - I need F1 because I have a job that starts my graduation and I need to apply for OPT in next couple months. Ofcourse she will rephrase it nicely, but wanted to know if she can mention about her full time offer post graduation.

She can emphasize about OPT option after studies and how getting this OPT experience in her field in US is good for her after she returns to India. Like cutting edge technology, getting hands on experience, innovation etc.

Link to comment

Archived

This topic is now archived and is closed to further replies.