Visa Status Problem... Help Please

[chantichintu]

I was in OPT and recently my H1B approved and my H1B starts from OCT 1st this year. My spouse came here on F2 and we did not apply for H4 for her. we applied H1 for her also which is still in initial review.

Questions :

1) What is the status of her from OCT 1st? Is she out of status ?

2) Is she considered as a valid status until she has H1B receipt case number and case pending?

3) If H1 gets rejected then can we apply for H4?

What are the options? Please suggest.

[Yuvatha]

[quote name='chantichintu' timestamp='1349051154' post='1302566186']
I was in OPT and recently my H1B approved and my H1B starts from OCT 1st this year. My spouse came here on F2 and we did not apply for H4 for her. we applied H1 for her also which is still in initial review.

Questions :

1) What is the status of her from OCT 1st? Is she out of status ?

2) Is she considered as a valid status until she has H1B receipt case number and case pending?

3) If H1 gets rejected then can we apply for H4?

What are the options? Please suggest.
[/quote]
Technically if your wife is on F2 then she shud be converted to H4 with your H1. At the same time thanaki vere H1 kuda cheyinchochu..So talk to your employer and file her H4 to be omn safer side. When her H1 approves H4 is terminated automatically. Talk to your company HR or an attorney is the best person.

[chantichintu]

Thank you for your reply.

you know kada, employers say something always to convince us,

Can We apply for H4 now? As I am thinking she will be out of status now. Will the USCIS consider if I apply now?

[gudboy999222]

I think no problem..f2 visa period varaku...eelopu edo oka result(h1) vastundi...kudirite..h4 filing..

[tel_muddu]

[chantichintu]

I called attorney, he said just wait till H1 decision comes and If approved then fine otherwise file H4, If H4 also has some problem then go India and get stamping.

Need to wait.Fingers crossed.

[davis_doe]

Can you share attorneys number I too have few questions ....