Immigration Issues/f2/h1 visa

Advertisement


Question
Dear officer,
I had rejected H1 visa(2007), now i want to apply for F2 visa(since my husband is on F1), .......my question is if i start the h1 transfer will it affect my f2 stamping(since they might question the intent of me going to US)....or will they not have knowledge about transfer until i go for H1 stamping....please advice......


Answer
Hi Rashaditya,

My recommendation is that an H1B petition should not be pending with the USCIS when you apply for F2 visa stamp at the Consulate. After entering the U.S. on F2 visa stamp, you should wait at least two months before an H1B petition is filed for you with the USCIS. Upon approval of the H1B petition, you will be issued "change of status" within the U.S. from F2 to H1B.

Waiting at least two months after entry will avoid "fraudulent entry" problems in the future if you go to the Consulate for H1B visa stamp or any other visa stamp.

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

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.