What happens to the dependent visa F2, if husband changes the status

[adityapadala]

Hi,

I'm working on F1 OPT visa since last year. My wife is going to come to visit me on dependent visa- F2 next month. My company is going to file H1-B visa this year. If i get the H1-B visa, what should be the visa status of my wife then? can she continue staying in US or should she go back and apply to H4 visa and come?

Thanks in advance
Aditya

[newacct]

Hi,

I'm working on F1 OPT visa since last year. My wife is going to come to visit me on dependent visa- F2 next month. My company is going to file H1-B visa this year. If i get the H1-B visa, what should be the visa status of my wife then? can she continue staying in US or should she go back and apply to H4 visa and come?

Thanks in advance
Aditya

Assuming it's a cap-subject H1b, it will almost certainly start on October 1. You will remain on F1 status until October when your H1b status starts; and then you will change into H1b status. Your wife's F2 status will cease on October 1 when you are no longer on F1 status. She should apply for a change of status to H4 before then if she wants to stay in the US.

[adityapadala]

Assuming it's a cap-subject H1b, it will almost certainly start on October 1. You will remain on F1 status until October when your H1b status starts; and then you will change into H1b status. Your wife's F2 status will cease on October 1 when you are no longer on F1 status. She should apply for a change of status to H4 before then if she wants to stay in the US.

Thank you. Just to be clear. My employer is filing H1B for me. Along with that I should file change of status for my wife as well, so that when my h1b kicks in, her h4 starts as well?

[Libra_14]

Thank you. Just to be clear. My employer is filing H1B for me. Along with that I should file change of status for my wife as well, so that when my h1b kicks in, her h4 starts as well?

Exactly.