F2 visa

[sunny_singh]

Hi,
I am a graduate student on F1 visa and I joined university in aug 2012 . My wife does not have any kind of US visa and is planning to apply for F2 visa. If her F2 visa is granted ,can she attend job interviews in U.S ? If she can and is able to get an H1B sponsor, can she travel back to home country and then ask the employer to file H1B in April 2013?

Thanks

[kabkaba]

She may apply for jobs, but that should not be her sole intention in applying for F2 Visa. F2 Visa is just for accompanying the F1 spouse. If a suitable employer wants to file an H1 for her, it can be filed as change of status and there is no need to leave the US.

[sunny_singh]

She may apply for jobs, but that should not be her sole intention in applying for F2 Visa. F2 Visa is just for accompanying the F1 spouse. If a suitable employer wants to file an H1 for her, it can be filed as change of status and there is no need to leave the US.

I have another question which is not related to the above scenario. Can a person on B1 business visa attend job interviews? Thanks again.

[kabkaba]

Same answer. HEr main purpose of visit should be consistent with the Visa.

[devonnet]

She may apply for jobs, but that should not be her sole intention in applying for F2 Visa. F2 Visa is just for accompanying the F1 spouse. If a suitable employer wants to file an H1 for her, it can be filed as change of status and there is no need to leave the US.

I have a similar scenario. My wife too is in US on F2 visa to accompany me. Now if she applies for a job here and the employer files her H1B in April 2013 when is the earliest she can start working ? Does she have to wait for the petition to get approved in Oct 2013 ?

[kabkaba]

The earliest effective date will be OCt 1, if the petition is subject to annual cap.