dependentH4
New Member
I have an F2, my spouse is F1/OPT.
We are both in US at the moment.
My spouse has an approved H1B which will be stamped
in about 14 days when re-entering back into US.
I will remain in US all the time.
Back in the day when my spouse applied for H1B I was NOT listed as spouse
on the company's H1B petition.
a) when my spouse enters US as H1B, will I be illegal in US as an F2?
b) as I understand, my I-20&I-94 should determine how long i can stay within US (and not the F2), but my I-20 does not list any "expiration date" or similar; also my I-94 only lists the date I entered US and nothing else.
c) can I apply for H4 from inside US (COS I-539?) without having to fly back home and come back to US? as I understand from some forum threads I-539 processing can take between 2-9months?
d) Is it true that if my I-539 is denied (for whatever reason), I am in US illegally "retroactively", meaning I could have problems later in life if applying for a green card?
e) should I go to Canada and return as a tourist? (my country has a 90 days visa waiver); I imagine there is no way I can change the status to any other visa later on without having to fly back home?
I appreciate any replies. Thanks.
We are both in US at the moment.
My spouse has an approved H1B which will be stamped
in about 14 days when re-entering back into US.
I will remain in US all the time.
Back in the day when my spouse applied for H1B I was NOT listed as spouse
on the company's H1B petition.
a) when my spouse enters US as H1B, will I be illegal in US as an F2?
b) as I understand, my I-20&I-94 should determine how long i can stay within US (and not the F2), but my I-20 does not list any "expiration date" or similar; also my I-94 only lists the date I entered US and nothing else.
c) can I apply for H4 from inside US (COS I-539?) without having to fly back home and come back to US? as I understand from some forum threads I-539 processing can take between 2-9months?
d) Is it true that if my I-539 is denied (for whatever reason), I am in US illegally "retroactively", meaning I could have problems later in life if applying for a green card?
e) should I go to Canada and return as a tourist? (my country has a 90 days visa waiver); I imagine there is no way I can change the status to any other visa later on without having to fly back home?
I appreciate any replies. Thanks.