F-2 renewal for expired F-1 with valid OPT -- Please address it

[nattmaverick]

Hi,
I completed my MS in comp. Sc. and now working for a IT company for more than 2 years.
Im still on extended OPT which is valid thru NOV-2012 but my F-1 VISA stamping is already expired. My wife had F-2 visa and she went back to INDIA for vacations. Her F-2 VISA stamp also expired with my F-1 stamp.
But now she wants to come back US and she applied for renewal of F-2 visa on the behalf of my valid OPT which is valid thru NOV-2012.
But Embassy denied the VISA by giving the reason that Principal Applicant's F1 visa stamp is expired so we can not give you a visa.

Please Advise......Its a serious matter.
Any help wud be appreciated.
THANKS

[kabkaba]

It was risky in the first place to travel with your Visa expired. F1 and F2 applicants need to show ties to home country and reasons why they will return. With you being on OPT and having a job, it is difficult to prove that you will return after OPT. Looking at this, it is possible that your own F1 application will also be denied if you leave now. But if you want your spouse to return on F2, you have no option but to try.
If your employer can file an H1, your spouse can apply for H4 Visa. It allows for immigrant intent and both of you can more easily get H1 and H4 Visas.

[nattmaverick]

Kabkaba, thanks for the Information.
Yes, My employer is ready to create a H1b for me. And then, will process H-4 for my wife.
But my concern is, Can my wife apply for H4 visa stamping on the behalf of my H1b approval letter? Or I need to go back to india for my VISA stamping in order to get her H-4 VISA stamping?
Please Explain...........
OR Should she try for B1/B2 (visitor) VISA ?

Please reply...

[kabkaba]

She can apply for H4 Visa without your H1 Visa.