Immigration Issues/change of status

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Question
Mr. Arora,
my wife's change of status application from F-1 to F-2 has been recently approved. I'm on F-1 visa applying for OPT in a few months. Now, she wants to start a new program at the college where she has won the scholarship for the next semester.
1. Could she apply for F-1 that soon (about a month after being approved as F-2) while I'm going to apply for OPT? 2. Is there any grace period that she should wait to change her status?
3. Is there any risk for her to get out of status if her F1 application is denied since I will not be including her in my OPT application?

Please help me out with these. Thank you in advance
Uran

Answer
Hi Uran,

I recommend waiting at least 2 months after your wife's change of status to F-2 before she files another application to change status to F-1. 60 days is enough to ensure that there will not be a "fraudulent entry" problem in the future, i.e., that she always had an intention to be a student and therefore she should have entered the U.S. on F-1 visa rather than be in F-2 status.

If your wife's F-1 application is denied, she will continue to remain in F-2 status as long as you are in F-1 status. Even when you have OPT, you are still a full-time student, and therefore in F-1 status. Therefore, until your wife's F-1 is approved, she will continue to be in F-2 status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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