Dependent visa while in OPT/waiting for approval for H1B

[Angara]

Hi friends, Can any one clear my concern. Am going to get F1 OPT in May 07 then after can my wife apply for dependent visa based on my OPT status. Does the law permit us to apply for dependent visa during OPT or while my application is in process for H1 B approval.

 

[LucyMO]

what do you mean by dependent visa?
F-2?

while you are on OPT, you are in F-1 status, therefore, your spouse or dependents are eligible for F-2. If they prove non-immigrant intent, like everybody else applying for a non-immigrant visa, then they'll get it. If not, they'll have to wait until you get H1, and then they'll be able to get H4.

 

[Angara]

Thank you LucyMO, I mean F2 visa, i have query that will I be treated as F1 student even after i apply for H1B and waiting for approval. Does the law permit to bring my spouse on F2 even am waiting for approval for H1b.

 

[LucyMO]

yes