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Bringing dependent during F1 to H1B visa transition.

San Diego, CA |

I am currently on F1 Visa (expires Dec 2013). I ll be applying for H1 visa this April. I am planning to get married in May/June of this year. What is the best way to bring my wife with me?

1. I am currently on 17 month OPT extension. Extending my F1 visa beyond December is not possible. 2. If required, I can expedite the H1B application.

Attorney Answers 3


Congratulations on your impending marriage.
Your spouse will be allowed to apply for a visa to accompany you, the student. The spouse (with children) may apply at the same time the student applies, or may wait for several months to apply until after the student arrives in the U.S. and gets settled.

The spouse will need to show additional financial support or a bank statement with sufficient additional money to support herself (and children) when accompanying the student spouse to the U.S. Most schools need an additional $6,000 per dependent.

Do consult an experienced immigration attorney for other issues that might affect your particular situation.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2

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The problem here is that if she enters with an F-2 visa, she will need to file for a change of status to H-4 before your status is changed to H-1B.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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It depends when you will enter the U.S. If before your H-1B is approved, she enters on F-2. If you wait until October (assuming the H-1B is subject to cap and your start date on H-1B is Oct 1) she can apply for H-4 visa upon approval of your H-1B and travel on H-4.

If she enters on F-2, she will have to seek change of status to H-4 once you change to H-1B. I am hoping your company's attorney can help you out.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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