I have a F2 Visa stamped in 2013 until Nov 2018.
After coming to US. I changed to a different visa (H1) now my H1b extension is denied and i am out of status and leaving the country.
If I go to India, Can i travel back to USA with my old Stamped F2 visa which has validity till 2018 November?
Or do I need to go for a visa interview back in India?
If you depart the U.S. prior to I-94 expiration,) you should be able to enter on the existing unexpired F2 visa if your spouse is maintaining his or her F1 status.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
Yes, if spouse is maintaining F-1 status.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
Whether the visa remains valid or void depends on whether you are here past the expiration of the I94 of previously approved H1B, and if you can return on it, whether your spouse remains in valid F1 status. Understand what you need by having a consult with an immigration attorney and from your spouse's DSO if he or she remains in status.
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