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F2 to H4 if my company is not applying during H1 cycle

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  • F2 to H4 if my company is not applying during H1 cycle


    I am on F1 OPT-Extension and my OPT will be expired on June 11th 2017. My wife lives with me in US on F2 visa and her visa expires on June 5th 2017.

    My company would be applying H1 visa this year and it might or might not go through. On a positive side, if it goes through, I have below questions.

    1) Since my OPT expires on June 11th 2017 and my wife visa on 5th June 2017. If my H1 goes through, my cap-gap will allow me to stay in US until October 1st 2017. Does that holds good to my wife also? even if we dont apply H4 during my H1 application she can stay with me until Oct 1st 2017? (I doubt if my company will apply F2 to H4 during my H1 application but I can force them after my approval)

    2) Since earliest date of H1b visa to kick off is October 1, 2017. Hence, before Oct 1 my wife's H4 should be applied and approved or else she has to leave country ? or she can stay back in US with me post Oct 1st 2017 until she gets her approval.

    Thank you !!

  • #2
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    • #3

      1) you can apply for 2nd masters and get register and get new i 20 for you and your wife

      2)if h1 is pick , apply for change of status along with your h1 if your employer do so, orls you can apply it yourself, but make sure you apply it before june.

      3) i h1 is not picked , apply immediately for 2nd masters and you and ur wife i20 that way your status will be valid till the i20 valid dates.



      • #4
        Your message was posted anonymously on our Facebook wall at 6th Dec - Please review comments from other users


        • #5
          ask your employer to apply h4 along with your h1 tell them that you will bear the expenses for h4 .then both of you can stay till you get the approval notice


          • #6
            In worst case she can stay in US until your h1b is rejected before Oct 1st, but if you don't get, and awaiting result, and you have included her in your application she can stay until 30 days min. Of your outcome