Immigration Issues/F2 or H4 for Spouse

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Question
Hello,
I basically have a question regarding my spouse visa status. I am planning to get married by Dec, 2011 and want to apply for dependent visa for my spouse. Right now I am on Extended OPT period(F1 visa) and it will expire on Nov, 2012. I am working as a Java Developer for a reputable employer and they are willing to sponsor my H1B. So my concern is whether should I go to my home country(India) for marriage on Extended OPT and apply for F2 Dependent visa for my spouse or should I apply for H1B now and go to my home country(India) on H1 and apply for H4 Dependent visa for my spouse. Also I heard F2 dependent visa have more refusal cases. I would be glad if someone can assist me on this.

Regards,
Naresh

Answer
Hi,

H visa status allows for intention to immigrate to the U.S., unlike the F visa category. Thus, the odds of being issued H4 to a spouse are higher than being issued F2, esp. where the F1 principal spouse had completed the course of study and is on OPT.

Since it typically takes 3 to 4 months for H1B petition to be approved, you should consider asking your employer to file the H1B petition through premium processing (whereby the USCIS will make a decision on the petition within 15 days of filing in exchange for additional filing fee of $1,225) as you are planning to be married in December.

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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