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Immigration Issues/F2 Visa Transfer to H1B

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Question
Hi,

I am a PhD student on F1 visa and my wife has a F2 visa. He
has visited USA once, but currently is in our home country,
India, working. Her H1B visa application has been approved
and is waiting for her interview. I have some questions
regarding this:

1) In general, will the presence of F2 visa be a concern for
the new H1B visa approval?

2) Is it likely that in a situation where her H1B
application is rejected during interview, her F2 visa status
will also be affected?

3) As her F2 visa will be cancelled when H1B is approved,
will it be possible to go back to F2 visa (by cancelling
H1B) to come to USA, if her employer delays her transfer to
USA?

Thanks,
Vineeth

Answer
Hi,

When the Consulate issues your wife H1B visa stamp, they will generally cancel the existing F2 visa stamp. If the Consulate for any reason does not issue the H1B visa stamp, they will not cancel the existing F2 visa stamp.

If your wife's employment in the U.S. does not materialize, and therefore entry on H1B visa stamp is not suitable, she can apply again at the Consulate for F2 visa stamp, at which point the Consulate will probably cancel the H1B visa stamp.

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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