H1b help (F1 or H1b)

[balpha]

Hi All,

I want some light shed upon my doubts.

Our Story:
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I did my Master's in California and graduated in May 2009. Currently I am in my H1b. I will be getting married in Feb 2010. So obviously I must get a H1b stamping before I return to US. My fiance is in US doing her Master's as well. She will graduate this fall and will be here on OPT after that. She is interning right now and her company has agreed to sponsor her in FY 2011

Ques 1 :
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Can she return back as F1 or Should she attend the visa interview with me and change to H4?

Ques 2:
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Assuming that she is coming back as an F1. After her H1b is approved, will she be having any problem during her stamping? (Since the marriage was never conveyed during my stamping)

What would be the best option for us?

Please help us out with all your wisdom

Thanks,
Balaji

[shervin143]

Can she return back as F1 or Should she attend the visa interview with me and change to H4?
>>>>> She can return back in F1.

Assuming that she is coming back as an F1. After her H1b is approved, will she be having any problem during her stamping?
>>>>> No.

(Since the marriage was never conveyed during my stamping)
>>>>> Why? If you are attending the visa interview after your marriage, then won't you mention your marital status as 'married' in the visa application?

[balpha]

I thought I will be single while I am booking for my visa stamping. Will be getting married after a few days and will be attending the interview. So technically speaking, I will have to edit the DS-156 forms from "single" to "married" right ? I am little confused

[shervin143]

Yes, you need to edit the application. Everything on the DS156/157 forms should correspond to the information as of your interview date.

I thought I will be single while I am booking for my visa stamping. Will be getting married after a few days and will be attending the interview. So technically speaking, I will have to edit the DS-156 forms from "single" to "married" right ? I am little confused

[balpha]

Thank You for your help