F-2 Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Change of Visa From H-1B to F-2

Authored on: Mon, 05/06/2013 - 03:00

Question

I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

Answer

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

F-1 or F-2 Extension—Leaving Country Prior to Visa Expiration

Authored on: Fri, 01/04/2013 - 06:59

Question

I have two more years to complete a Ph.D. with a valid I-20, but my Visa expires in August 2013. I want to visit India in June-July 2013. If I come back in July, do I need to apply for F-1 visa (and F-2 visa for my family) extension? Would I have problem in reentry if I have one more month of valid F-1/F-2 visa?

Answer

You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.

F-2 to H-4 Visa

Authored on: Thu, 05/10/2012 - 05:28

Question

I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

Answer

If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.