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F2 travelling while husband H1B pending

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  • F2 travelling while husband H1B pending

    Hi, I'm on a F1 and I'll be applying to H1B premium processing on April 1st. My wife (under F2) needs to leave the US from March 20th till April 5th when she will be returning. Will this put in danger my H1B application (since the H1B will probably be pending already)? If so, returning on the March 31st is still safe?
    Thanks

  • #2
    Originally posted by h3rmit View Post
    Hi, I'm on a F1 and I'll be applying to H1B premium processing on April 1st. My wife (under F2) needs to leave the US from March 20th till April 5th when she will be returning. Will this put in danger my H1B application (since the H1B will probably be pending already)? If so, returning on the March 31st is still safe?
    Thanks

    I dont see any major issues returning on F2 as long as F2 stamping is valid, as technically you would be on F1 till 01-Oct-2015. Also, apply her F2 to H4 after her return.

    This is my opinion not legal advice.

    Comment


    • #3
      I'm in the same situation

      Dear Raghvi,

      I'm in the same situation. Can my wife travel on F2?

      Originally posted by raghvi View Post
      I dont see any major issues returning on F2 as long as F2 stamping is valid, as technically you would be on F1 till 01-Oct-2015. Also, apply her F2 to H4 after her return.

      This is my opinion not legal advice.

      Comment


      • #4
        Originally posted by h3rmit View Post
        Hi, I'm on a F1 and I'll be applying to H1B premium processing on April 1st. My wife (under F2) needs to leave the US from March 20th till April 5th when she will be returning. Will this put in danger my H1B application (since the H1B will probably be pending already)? If so, returning on the March 31st is still safe?
        Thanks
        If you apply for a Change of Status for your wife with the H1B, it will get denied if she leaves while it is pending. If she does leave and you don't apply, once it is approved she can apply for it overseas at a consulate for the start date of october 01, 2017, or she can apply for it when she returns back.
        This is purely my opinion and does not constitute legal advice.

        Comment

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