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Should I apply F2 VISA while primary F1 OPT and H-1B applications are pending?

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  • Should I apply F2 VISA while primary F1 OPT and H-1B applications are pending?

    My company applied for my H-1B visa (advanced degree), however, I have not heard anything back from USCIS till today. Hence, I applied for the OPT on June 13, 2016. The program end date on I20 is September 11, 2016. I am planning on getting married in the first or second week of August. I have not received EAD card yet, expecting to receive it sometime in the month of August (roughly 2months of processing time). I will start my full-time job after I receive EAD and STEM extension is possible. I have below questions.

    1. In one in million chance, if my H1-B get selected in this year, will I be able to activate H-1B next year after my OPT ends?

    2. Will there be any problem during my wife's F2 VISA, if she appears for the VISA interview after August 15 and before OPT approval? I am concerned because my program end date is September 11 and Consulate may say why the wife wants to go the US if the husband's program is ending in couple of weeks.

    3. Will there be a better chance of getting F2 VISA, if the VISA appointment date is after my OPT gets approved and before the program end date?

    4. If we get married before OPT approval but appear for VISA interview after the program end date, what problems it may create during F2 VISA interview/processing?


    In any case, please suggest how I should work on this. What dates (for marriage and VISA application and wife's entry in the US) I should choose so that the probability of my wife getting F2 VISA is high and there wont be any problem for her at the time of airport entry.

  • #2
    1) H1B has to begin on October 01, 2016. The company can only apply for a start date within 6 months, which would be October 01.

    2)If you wife can explain that you are expecting to get OPT after your scheduled end date, then I do not see a problem, but I am not a consulate officer. They deny people for various reason and they do not have to state why.

    3)I would say yes, but I am not sure. its the consulate's decision.

    4)If you have no current valid status, I would suggest you do not do this. However, they may be able to see that you have a pending OPT status pending and they may allow your wife in as an F2. But Consulates are rogue agents.
    This is purely my opinion and does not constitute legal advice.

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