H4 Visa Issue

J

JKansara

New Member
I was on F1 when I called my spouse in US. I got OPT till Oct 15, 2010. Meanwhile my employer filed my H1 and it got approved in August'2010. My spouse is with me and I haven't applied for her H4 or change of status.

Is it a problem? Is she out of status right now? Do I have to apply for her H4 immediately or its a automatic H4 on her? I am visiting India in January'11 and coming back in February'11. Will there be problem in Stamping of her H4? Is it OK if I apply for H4 while stamping?

Please comment.
 
JKansara said:
I was on F1 when I called my spouse in US. I got OPT till Oct 15, 2010. Meanwhile my employer filed my H1 and it got approved in August'2010.

My spouse is with me and I haven't applied for her H4 or change of status.
--------------- on what status is your spouse in US?
Is it a problem? Is she out of status right now? Do I have to apply for her H4 immediately or its a automatic H4 on her?
------nothing like automatic H4.
I am visiting India in January'11 and coming back in February'11. Will there be problem in Stamping of her H4? Is it OK if I apply for H4 while stamping?

Please comment.
Click to expand...

---------- post your full details and spouse details. status of both of you is US .
 
I was on f1 till Oct 15, 2010 as my opt was valid till Oct 15, 2010 and I am assuming that my wife was on f2 for that period too. Now I have my h1 and I don't know what is status now.
 
JKansara said:
I was on f1 till Oct 15, 2010 as my opt was valid till Oct 15, 2010 and I am assuming that my wife was on f2 for that period too. Now I have my h1 and I don't know what is status now.
Click to expand...
Did you get I-94 attached with your H1 approval notice?(lower side of H1 approval notice)
if you are on H1 then she is NOT automatically on H4 status. You could have filed her F2 to H4 COS when your H1 was filed.if she is out of status then she can depart US as she has not hit 180 from her out of status date and can get H4 Visa from US consulate then she can enter on H4 status.Contact a good lawyer ASAP.
update us what advise your Lawyer gave you,
 
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