Immigration Issues/F2 to H1 transfer

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Question
I am presently on F1 student visa. I am marrying in march 2007. My fiancee presently in India wants to work in US after marriage. So I want to apply for H1
visa for my fiancee in april 2007.But the H1 visa comes into effect from Oct 1st 2007. Can I simultanously apply for F2 visa in may 2007 so that she can come to US before hand ? Will there be any issues in applying for F2 and status change H1 later in US ? Should she go compulsorily go to India to convert to H1  status after oct 1st 2007.

Please provide your suggestions

Thanks,
Ravi

Answer
Hi,

Your wife will apply for F-2 visa directly at the Consulate after marriage. There is no visa application to be filed with the USCIS beforehand.

After your wife enters the U.S. in F-2 visa status, the H-1B petition can be filed with the USCIS. She will be granted change of status to H-1B effective October 01, 2007.

Your wife will remain in F-2 visa status until October 01, 2007, at which point she will automatically be in H-1B status. She does not need to leave the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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