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F2 visa help urgent

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  • F2 visa help urgent

    Hello,

    Please need an advise....I am on OPT till Dec 2011, my employer applied for H1B and got approved on nov 10th. I have a dependent on F2 with her visa valid till Dec 2011(same as my opt valid), now my wife went to India for vacation and will return on Nov 14th...Now my question is will she be able to enter USA with F2 visa or do she need to go for H4 visa stamping in india as my H1b got approved just today. Seriously need your advise. Thanks for your help.

  • #2
    If H1 was approved with change of status (with an I-94 at the bottom of approval notice), then from the effective date of H1 as per the notice, your status is H1. Your spouse will have to obtain H4 Visa to return in H4 status after that effective date.
    This is my opinion and not legal advice.

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