Apply for F1 while H4 is in process

[at01]

Hi,

 

Here's our current visa status:

 

Me: Working on F-1 OPT with start date: January 2104 and end date: December 2014

Wife: F-2

 

Now, my company's attorney will apply for my H-1B on April 1st, and I am using the same attorney's services to apply for my wife's H-4 visa. So, her petition will be filed along with me. However, my wife has recently decided to pursue studies in the US, so she will apply to transfer from F-2 to F-1 in May so that she can begin studies in Fall'14. I have two questions here, and I would really appreciate any help/suggestion in this regard:

 

1) Would she face any issues in her F-1 transfer application given that her H-4 application is under process over the summer?

 

2) Since I have not yet applied for her H-4, should I consider delaying her H-4 application, and wait for her to first apply for F-1, and if it gets rejected then only I apply for her H-4? In this case, what is the typical processing time of H-4 visa? When should I apply by the latest to make sure that if my H-1B gets approved then she doesn't go out of status on October 1st?

 

Thanks,

AT

[jairichi]

Hi,

 

Here's our current visa status:

 

Me: Working on F-1 OPT with start date: January 2104 and end date: December 2014

Wife: F-2

 

Now, my company's attorney will apply for my H-1B on April 1st, and I am using the same attorney's services to apply for my wife's H-4 visa. So, her petition will be filed along with me. However, my wife has recently decided to pursue studies in the US, so she will apply to transfer from F-2 to F-1 in May so that she can begin studies in Fall'14. I have two questions here, and I would really appreciate any help/suggestion in this regard:

 

1) Would she face any issues in her F-1 transfer application given that her H-4 application is under process over the summer?

 

2) Since I have not yet applied for her H-4, should I consider delaying her H-4 application, and wait for her to first apply for F-1, and if it gets rejected then only I apply for her H-4? In this case, what is the typical processing time of H-4 visa? When should I apply by the latest to make sure that if my H-1B gets approved then she doesn't go out of status on October 1st?

 

Thanks,

AT

1. No.

2. Better delay her H4 application till your H1B gets approved.