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Immigration Issues/H1 approved F-2 filing


Hi, My wife's H1 petition has been approved(not stamped yet), but she wants to take a break of 8 months, so she would like to enter US on F-2 visa. Is it ok to apply for F-2 when you have H1 petition approved? will they cancel her H1? it seems logical to allow since once your H1 gets approved, but company might want you to join few months later and in mean time someone might want to visit US for personal reason on any valid visa e.g visitor, business, or F-2. Please help. Thanks for your time.

If your wife has not entered the US on H1 she could enter with an approved F2.  That is not a problem.  Since she has been counted against the cap, she should be eligible to switch to H1 at a later date.  
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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