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Asked over 1 year ago - Monroe, LA

I am currently on F-1 OPT STEM extension of 17 months and my employer is filing for H1-B and H4 for my wife this April. My wife is currently on F-2 and in US with me. She plans to study MBA starting Aug'13 and I am confused as to how to plan on getting her the F-1 visa. I know she can study on H-4 but she wants to do assistantship. My H1B if approved will begin from Oct 1st and her course is going to start from Aug. Can she still proceed further to apply to an university? An if yes, how best to get her an F-1?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . She can apply to change her status from F-2 to F-1.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

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    Answered . You will be subject to CAP GAP, just file for her F1. Talk to the foreign student advisor at the school she is going to attend.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . By applying for the change with a valid I-20.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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