My name is Siva. I am currently on my OPT Cap Gap extension until September 30st.
My H1B got approved and it starts from Oct 01 13. My wife is India now. Last month her F2 visa got rejected and the VO asked her to reapply after I get my H1b approval. Can some one suggest me on what visa (F2 or H4) should we apply now. I appreciate if you could also give us the required documents list for this process you suggest.
Thank you once again for the help!
Your wife should follow the consulate's advice and apply for the H-4 visa as your dependent once you yourself are in H-1B status come October, and have proof of having already been paid by the employer (at least 3 pay stubs.)
Wife should take all the necessary documents to prove that you are genuinely employed in H-1B status by a legitimate employer and not a bogus "contractor" or "outsourcer" , since that is what US consulates in India are afraid of the most.
Make sure wife takes with her copy of entire H-1B petition submitted to USCIS, including the copy of the certified LCA, etc., as well as a copy of the employment contract (I would be careful with that one, though, and only produce if asked and if not harmful..)
It will also be a good idea to produce proof of the bona fixes of the marriage, especially if a recent one and no kids yet.. Of course, it would be best if you could accompany your wife to the visa interview..
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