H4 visa after H1B denial.

[abhi.patson]

Hello,

My wife entered US on student dependant F2 visa, that time I was maintaining valid F1 status. In 2015 we both filed for H1B visa, pettition for both were selected in lottery. my application for H1B was approved on 1st October, so I went through change of status from F1 to H1. But my wife's H1 pettition was rejected on December 2015.

Now for my wife to go on H4 (as I have valid H1) can I apply change of status pettition ?

Thanks in advance.

[shervin143]

Change of status is not possible now since she is out of status on F2 (assuming her F2 I-94 is still valid). If her F2 I-94 has already expired, then her presence in the country now is illegal. She should leave the country, get the H4 visa stamped and return back.