H4 to F1 visa

G

goutampus

New Member
Hello Sir,

Hope you are doing well. I got laid off on 1st of May 2024 and I am on H1B grace period( grace period ends on 30th June 2024). So I filed B2 visa for myself and my spouse. On month of April 2024 I also filed F1 visa for my daughter as she will be completing her 21 years on Dec-2024. We have requested her F1 visa start date as 25-Sep-2024. My daughter's F1 visa got approved yesterday and effective start date says 25-Sep-2024.

So my question is do I need to put her on B2 visa since her H4 visa status may be out of status as soon as I reach to my H1B grace period last date (30th June 2024). Basically I am asking in case do I need to file her B2 visa starting on 01-Jul-2024 and ending on 25-Sep-2024?

Appreciate your all help and support.

Thanks again.
 
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You're right to be concerned about your daughter's visa status after your H-1B grace period ends. Here's a breakdown of the situation and some options to consider:
Daughter's Status:
  • H-4 Dependent: Currently, your daughter enjoys H-4 dependent status based on your H-1B visa.
  • H-4 Out of Status After June 30th: Once your H-1B grace period ends on June 30th, your daughter's H-4 status will become out of status.
F-1 Visa Approval:
  • Approved Start Date: Her F-1 visa is approved with a start date of September 25th, 2024.
B2 Visa Application:
  • Original Intent: You filed a B2 visa application to cover the gap between your H-1B grace period ending and her F-1 visa starting.
Options to Consider:
  1. Maintain B2 Visa Plan: This is a viable option. Your daughter can enter on the B2 visa on July 1st and remain until September 24th. On September 25th, she can enter using her F-1 visa to begin her studies.
  2. Explore Expediting F-1 Visa Start Date: (Contact the Embassy/Consulate): You can inquire with the embassy or consulate that issued the F-1 visa if there's any possibility to expedite the start date. Explain your situation and the potential gap between your H-1B status and her F-1 visa starting date.
Here's why the B2 visa option might be your safest course:

  • Expediting F-1 Start Date Uncertain: There's no guarantee they can expedite the F-1 visa start date.
  • Maintaining Status is Crucial: Having a valid visa (even a B2) is important to avoid any complications or potential inadmissibility issues when entering the US.
Additional Notes:
  • Consult an Immigration Attorney: An attorney can provide specific guidance based on your situation and the latest immigration regulations. They can advise on the best approach for your daughter's visa status.
  • Maintain Documentation: Keep copies of all visa documents (H-1B, H-4, F-1, B2), your layoff notice, and any communication with the embassy/consulate regarding the F-1 start date.
Remember, the most important thing is to ensure your daughter maintains a valid immigration status throughout the transition period. Discuss your options with your family and consider consulting an immigration attorney for the most up-to-date advice.
  • if you need more help Whats app at xxxxxxxx they provide free consultation and will guide you on this issue.
 
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Thanks a lot Rajiv Sir. Just to let you know my daughter already in USA and she has no plan of travel outside USA for this year. I think B2 visa route would be best and safest option.
 
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