Alexander Joseph Segal
Alexander Joseph Segal, Immigration Attorney - New York, NY
Posted over 1 year ago.

How is that that he has an H1B is he is on a Gap Cap extension of the F1? Just friendly curiosity.

Danny Garmo
Danny Garmo, Immigration Attorney - Southfield, MI
Posted over 1 year ago.

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period.

Danny Garmo
Danny Garmo, Immigration Attorney - Southfield, MI
Posted over 1 year ago.

The H1B starts 10/01/2013.

Alexander Joseph Segal
Alexander Joseph Segal, Immigration Attorney - New York, NY
Posted over 1 year ago.

Thank you. I would guess that already know that. The question than was - if my wife comes now, which visa she needs to apply for? F2 of course, because under those very regulations and applicable memoranda all the student gets is an automatic extension of the F1 status called GAP CAP. So my question to you was, why H4 now if H1 is only going to kick in only in October?

Danny Garmo
Danny Garmo, Immigration Attorney - Southfield, MI
Posted over 1 year ago.

Definitely speaking F-2 visa now if they can get one approved. Since it was denied, then shoot for H-4. Second F-2 visa NOW will probably AGAIN get denied/rejeceted. I look at the chances of success and an F-2 now doesn't have a chance. That was my point.

Alexander Joseph Segal
Alexander Joseph Segal, Immigration Attorney - New York, NY
Posted over 1 year ago.

Now I get it, thanks my friend.

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Asker
Posted over 1 year ago.

i still am in a dilemma. Her F2 was rejected in march 2013 and VO told her she could go after i get my H1B. My H1B got approved recently in april 2013 and i want to bring my wife to US asap like in may 2013. pls suggest which visa should i apply because though my H1B got approved, it will start from oct 2013. if she should come on F2 then what are the chances of approval.

Danny Garmo
Danny Garmo, Immigration Attorney - Southfield, MI
Posted over 1 year ago.

I would suggest talking to a experienced immigration lawyer in your area to weigh all options.