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Can I get my wife on F-2 after my H1 is approved

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  • Can I get my wife on F-2 after my H1 is approved

    Hi

    I am currently on F1. My company will apply for H1 through premium processing. They say, it should be approved by Apr 15th. But change of status from F1 to H1 occurs on Oct 1.

    My question:
    My wife is in India. Can I get her on F2 visa to US after my H1 is approved?

    Next question:
    Suppose, If I file for my wife's H4 visa along with my H1. After it gets approved, my company HR states that my wife CANNOT enter US on F2 visa, as her H4 has been approved. Is it true? They suggest that I should get her into US on F2 visa before Apr1.

    Thanks in advance,

  • #2
    Originally posted by avadhootk
    Hi

    I am currently on F1. My company will apply for H1 through premium processing. They say, it should be approved by Apr 15th. But change of status from F1 to H1 occurs on Oct 1.

    My question:
    My wife is in India. Can I get her on F2 visa to US after my H1 is approved?

    Next question:
    Suppose, If I file for my wife's H4 visa along with my H1. After it gets approved, my company HR states that my wife CANNOT enter US on F2 visa, as her H4 has been approved. Is it true? They suggest that I should get her into US on F2 visa before Apr1.

    Thanks in advance,
    She can apply for F2 visa right now preferably before April and enter on that visa. Later before Oct 1 she will have to apply for change of status to H4.
    Otherwise she can apply for an H4 visa after your petition is approved and enter in last week of September on that visa.
    Last edited by kabkaba; 02-19-2009, 08:10 PM.
    This is my opinion and not legal advice.

    Comment


    • #3
      Currently, she has not yet have a f2. So will there be a problem if she applies for F2 visa after my H1 is approved?

      Comment


      • #4
        There may or may not be a problem, it is totally up to the VO. But applying for F2 for that small time period (between approval and Oct 1) does not make sense, either do it before April 1 or just wait for H4.
        This is my opinion and not legal advice.

        Comment

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