Travelling when H-4 application is pending

[anuana]

Hello All..

I am currently on F-1. My employee will be applying for my H-1 this year and I would also file H-4 for my spouse along with this application. My spouse doesn't have any visa status as of now. I have a few questions & if somebody who knows can help, i would appreciate it.

1. Is it better to apply for F-2 now and then apply for H-4 along my H-1 application?
2. Say if we apply for F-2, can she travel in June/July from India on F-2 when H-4 application is pending? OR Is it advisable to stay back home until H-4 application is approved & then travel?

Any help on these would help me decide on the route I should take!

Thanks in advance...

[kabkaba]

If your spouse is not in the US on Apr 1, there will not be any H4 application. She will just have to apply for H4 Visa abroad and travel in H4 status on or after Oct 1.

If she is in the US in F2 status on Apr 1, she can file change of status to H4 along with your H1 petition. In that case she can continuously stay in the US. However, if she wants to travel abroad between Apr and Oct, that can be complicated.

F2 Visa application can be tricky when you are in OPT. But she can certainly try.

[anuana]

Thank you kabkaba for your inputs. You have written exactly to the point.

I do see a lot of posts where in they say rejects for F-2 visa application. By the threads from other posts...i have a few more queries:
1. Is it advisable to directly go for H-4 and not F-2?
2. does rejection of F-2 hamper chances for H-4? most threads say they don't.
3. Is it better to apply my H-1 first and then add my spouse at a later stage to H-4?
4. Why did you say application of F-2 is a tricky when I am on OPT?

Finally, which is most recommended option? I just want to understand the best choice

[kabkaba]

Thank you kabkaba for your inputs. You have written exactly to the point.

I do see a lot of posts where in they say rejects for F-2 visa application. By the threads from other posts...i have a few more queries:
1. Is it advisable to directly go for H-4 and not F-2? -- Does not matter if you try for F2 first.
2. does rejection of F-2 hamper chances for H-4? most threads say they don't. -- No it does not affect H4 Visa. But denial will affect her future F1 Visa applications if any.
3. Is it better to apply my H-1 first and then add my spouse at a later stage to H-4? -- It makes no difference. If she is not in the US at the time of filing, there is no 'adding' her. She will just need to apply for her Visa. If she is in the US, she should apply for change of status (or 'be added').
4. Why did you say application of F-2 is a tricky when I am on OPT? -- F2 application requires lack of immigrant intent. Showing that when your spouse is working in the US is difficult.

Finally, which is most recommended option? I just want to understand the best choice

See above.