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Immigration Issues/H1B along with F2 - Some Questions

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Question
Hi,

I am a PhD student on F1 visa and my wife has a dependent F2 visa (valid till 2013) and has visited USA for a month. Recently, her employer applied for an H1B visa for her and she got it stamped, valid till 2012. Also, her F2 visa was not cancelled. I have a few questions regarding this:

1) I understand that since her F2 visa was not cancelled on passport, it is still valid. Please confirm.

2) Until she is sent by her company on H1B, can she travel to USA on the F2, provided she has valid I-20 document? I mean, since she has two valid visas, which visa will be considered at the port of entry?

3) Since her H1B visa expires before (2012) her F2 visa (2013), in case her H1B is not renewed, can she stay in USA till her F2 is valid?

Thanks a lot for your guidance.

Vineeth

Answer
Hi,

Since her F2 was not canceled by the Consulate, she can enter on F2 visa status by showing F2 visa at port-of-entry and showing I-20 and requesting I-94 for F2. Her visa status upon entry made this will be F2. She can remain in the U.S. until expiration dated stamped on I-94.

In order to activate H1B status in the future, she will be required to depart the U.S. and enter showing unexpired H1B visa stamp so that I-94 issue at port-of-entry indicates H1B. Alternatively, another H1B petition can be filed by the employer with the USCIS requesting change of status from F2 to H1B so that she will not be required to depart the U.S. in order to obtain H1B status.

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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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