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H4 filing after F1 is rejected

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  • H4 filing after F1 is rejected

    I am currently on F2 and am filing for my F1 visa for a Masters course which begins in Fall 2013. My husbands company is filing for his H1 from his OPT in April 2013.
    My questions is if my F1 gets rejected for any reason, Can i then apply for H4 based on his approved H1 Visa? (assumption is his H1 would be approved). Please guide.

  • #2
    Your spouse will remain in F1 status until Sep 30 and H1 status will be effective on Oct 1. If change of status to F1 is denied, your application for change of status to H4 must be received by USCIS before Oct 1. So you have plenty of time to do that.
    This is my opinion and not legal advice.

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