Immigration Issues/F2 to H1B switch

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Question
Hi,

I will be heading to US for my MBA course on F1 visa. My spouse had filed for the H1b petition and her H1b petition got approved. She is yet to get her H1b visa stamped as she is looking for the right project.

I want to know know if she can accompany me on a F2 visa now ? and will there be a problem later when she decides to file for her H1b?

Whats the best approach you suggest? wait for H1b visa and then fly to US or get the F2 first and then file for a COS?

Regards,
Ajay

Answer
Hi Ajay,

Your wife can accompany you on F2 visa. However, if she wants to activate her H1B status in the future based on her current H1B approval notice, she will be required to depart the U.S. and obtain an H1B visa stamp at a U.S. Consulate (in most cases in her home country) and when she enters the U.S. she will show her H1B visa stamp so that the class of admission to the U.S. will be H1B visa status.

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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