Re-enter on F2 Visa

[kirtik]

Hi,

I got an approved F2 Visa in Feb 2013.
I have come to india in the month of September 2014, while my husbands visa has expired in May 2014, but he has got valid I20 from his university for me and himself which is valid till May 2014.

I have a query, can i enter back in USA, on my F2 Visa, while his Visa has expired but we both have got a valid I20.
Please guide me on the same.
Will there be any issues at POE?

Also meanwhile my H1B has got approved at the end of september. So, should I enter USA, by getting my H1B Stamped?
I had applied for H1B back in April with Change of status from F2 to H1B.

Thanks,
K

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[lisaanderson]

Hi,

I got an approved F2 Visa in Feb 2013.
I have come to india in the month of September 2014, while my husbands visa has expired in May 2014, but he has got valid I20 from his university for me and himself which is valid till May 2014.

I have a query, can i enter back in USA, on my F2 Visa, while his Visa has expired but we both have got a valid I20.
Please guide me on the same.
Will there be any issues at POE?

Also meanwhile my H1B has got approved at the end of september. So, should I enter USA, by getting my H1B Stamped?
I had applied for H1B back in April with Change of status from F2 to H1B.

Thanks,
K

The main question is: do you want to work or to remain in F-2? If you want to remain in F-2 status, you can return using a valid F-2 visa with a valid I-20. If your I-20 expired in May 2014, your husband will need to send you a new I-20 that is valid beyond May 2014. His visa expiration should not have an effect on your ability to travel on an F-2 visa AS LONG AS HE IS STILL IN VALID F-1 STATUS.
If you want to work when you return for your H-1B sponsor, you must get the H-1B visa stamped and return in H-1B status. If you return in F-2 and you want to work, then your employer will need to submit an H-1B amendment application to change your status from F-2 to H-1B again and your employer may not want to do that.
Here is a good article about getting through an H-1B visa interview: http://www.visapro.com/Immigration-Articles/?a=290&z=48.