H4 after F2 Rejection:Help Jaxen/Jill

B

bhatnagv

Registered Users (C)
I graduated with an MBA from US in 2002 and started working on my OPT. Went to India this November to get married and my wife applied for F2 to fly back with me. However, the visa officer rejected her F2 without even looking at the I-20. Was that expected or is that a trend now? The visa officer wasnt aware of what OPT was, can I lodge a complain against him for not even knowing the F1 rules/guidelines.
I have now filed for H1B premium processing and will travel back to India in late December to get my H1B stamped and get her H4 stamped as well. We will get this done on 30th December or 1st/2nd January. Does my plan of action look fine?

Please advise.
 
H1-H4 option is a good one and should work as they almost never deny H4 visas. It is unfortunate that the consular officer was clueless re. OPT. The thing is that they have absolute discretion in F and B cases and you really have no legal recourse. Write a letter if you wish but I doubt that that would give your wife her F2. You are "wasting" your 6 years H1 time by not optimizing your OPT time though and that's unfortunate.
 
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