F2 Visa Status while on OPT

[D33P]

Hi

I am on F1 visa and currently on my OPT (New York). My visa is going to expire this dec, 2013, but will have my OPT and extension. My wife is with me here on F2 visa since Jan 2013.

My questions are:

1. As my visa is going to expire in dec 2013, will it effect my wife's F2 visa status (even if I have my OPT) ?
2. I am planning to apply for H1 next year, so what will be right steps to get H4 for my wife while she is here with me?


Thanks/

[kabkaba]

F1 and F2 are admitted for duration of status. Your I-94 will state D/S. That means you both can remain in the US as long as you maintain your status. OPT is part of F1. If you leave the US after your Visa expiry, you will need valid Visa in order to return.

Your wife may however face some problems in obtaining driver's license as her I-94 will not have any solid date and her I-20 would not reflect your OPT status. It will depend on your state.

[D33P]

F1 and F2 are admitted for duration of status. Your I-94 will state D/S. That means you both can remain in the US as long as you maintain your status. OPT is part of F1. If you leave the US after your Visa expiry, you will need valid Visa in order to return.

Your wife may however face some problems in obtaining driver's license as her I-94 will not have any solid date and her I-20 would not reflect your OPT status. It will depend on your state.

Thanks for your reply.

So, for my should I get new I-20 from my college (if possible) with my OPT status on her I-20 too?

[kabkaba]

No, they don't do that for dependent I-20's.

[D33P]

Thanks guys for your responses.

I have another question about my wife ... she is on F2 and have 5 years of Visa (with on D/S on I-94). So if she wants to travel, will there be any issue with her entry while I am on OPT?

[kabkaba]

No, there will be no problem.