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Can my Spouse Travel on F2 visa,my H1 is approved (not stamped) or she needs H4 Visa

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  • Can my Spouse Travel on F2 visa,my H1 is approved (not stamped) or she needs H4 Visa

    Hello Guys,
    I am currently on STEM OPT Visa and have my H1B approved (not yet stamped), I have a query regarding the dependent visa :
    I already have an appointment scheduled for my wife for F2 visa, my confusion is can she travel to US before October 1st if her visa gets approved ? Will she be allowed port of entry as her primary applicant already has H1 approved ?
    Or I should go ahead and file a new DS160 for her for the H4 visa , and because of the Executive orders will she be able to get her H4 visa stamped since i dont have H1 stamping yet.
    Thanks.

  • #2
    Well you would still be in F1 status until your change of status to H1b takes effect on October 1. So before then, you are in F1 status and she should be eligible to enter on F2. Of course, once she enters, she will need to apply for Change of Status to H4.

    If she wants to get an H4 visa for entry after October 1, according to this page, she is not subject to the ban if you are not, and she can get an H4 visa without needing a national interest exception.

    This is my personal opinion and is not to be construed as legal advice.

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