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Immigration Issues/F1 expired, On OPT, want to call wife on F2, H4



•   Came to US in 20April 2010 to completed my MBA. My F1 visa was valid till 15 Aug 2011.
•   But after completing my studies, I got new I20, OPT and EAD valid till 15 Sept 2012.
•   My wife visited me on F2 for 3 months in Jan-March2011. But her visa also expired in 15 Aug. 2011.
•   I have a full time job now and my employer is going to file H1 in April 2012.
•   My wife applied for F2 visa (Dec 2011) but it got rejected twice. Then we tired visitor’s visa B1 (Dec 2011) also got rejected.

My questions are,
1.   How can they deny dependent visa or a visitor’s visa? (I have sufficient funds and all required paperwork)
2.   Can I go back to India and apply for an F1 (I have full time job) and then apply F2 for my wife?
3.   After my H1B is approved in April 2012 (I intend to do premium processing) can I apply for H4 for my wife? Without H1 stamping? (I believe, I can only work on H1B after Oct 2012)
4.   Do I have to go back to India for H1 stamping in April?
5.   Is there any other option for my wife to visit US?

I am in real fix, would really appreciate your comments.

Hi Ram:
Your query seem very haphazard; I do not understand what is it that you want to know. Anyways, I will try to answer to the best of my ability:

1) It is their discretion, but you always have right to appeal.
2) You may not be working full time while applying for F1 - full time; however, if you do get F1 you may definitely file F2 for your spouse.
3) You can always apply for H4 fro the dependent's as long as H1 is approved (H1 stamping would be required for travelling..)
4) It depends on case by cases; yes, you may be required to go back to your home country to get a stamp if you seek COS within United States.
5) I do not understand why your wife's F2 was not extended until 09?15/2012 at the first place; anyways, her only option - currently - is a dependents visa. (Either F2 or H4)

Also, please note as your queries are not clear enough for a definitive answer I would suggest you consult an attorney.  

Best wishes, & Happy New Year,
Ajay Singh, Esq.
845-784-1500 (Tel) 646-807-4582 (Fax) AJASIN@GMAIL.COM

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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