Immigration Issues/Tranfer F2 to H4

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Question
My visa status is F2. My husband is opt under F1 and he apply H1B visa now. I think that it's simple if I transfer visa from F2 to H4 with my husband's H1B petition. But I didn't bring my marriage certificate to U.S.A. So I don't know how to do.

My husband's opt is untill Nov 3,2014. So I think my F2 visa is valid to Nov 3,2014, even my husband's H1B is approved, is that right?

Answer
Hi,

The anticipated H1B status date for your husband based on the filing of a cap-subject H1B petition will probably be October 01. If he is in H1B status on October 01, you will no longer be in F2 dependent spouse status on that date (October 01). Therefore, your application to change status from F2 to H4 should be filed no later than September 30.

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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