May I travel to India on F1 status (Full time student, not on OPT) after the petition of H1B is filed on April 1?

0 votes
asked Mar 6, 2016 in H-1B by anonymous
I am currently on F1 visa, which is valid until 2017 (and so is my I20). My H1B visa will be filed on April 1. I am currently registered as a full-time student and will take credits in the Summer semester too. I am not on OPT status, I am gonna get "H1B status" directly from "full-time student on F1 status", if, of course, selected in the lottery.

I am planning on getting married in the first week of May. I have F2 dependent I20 on hand.

It is going to be extremely challenging to marry and come back along with wife before the end of March.

If I get married in the first week of May,
1. Will my wife be eligible to apply for F2 VISA?
2. Will I be able to return on F1 VISA in May? I will come back in the 2nd week of May.
3. Will my wife be able to enter US on F2 VISA status (if approved) in the 4th week of May?
4. Since I am unmarried at this point of time and still have F2 I20, will it create any discrepancy/issue if I write my material status as "single" in H1B application?

1 Answer

0 votes
answered Mar 13, 2016 by anonymous
I am not sure how your school issued you a dependent I20 without you being married. It looks fishy and may create problems for her visa.

If your F1 status is valid till 2017 and so is your I20, I am assuming you are filing for your H1B in the general pool and not in the US Masters category.

Once you file for H1B, you cannot return on F1. In case your petition is selected then you can come only after getting the H1B visa at your home country. I am not sure what happens if your petition is not selected.
Welcome to H1b Wiki Q&A, where you can ask questions and receive answers from other members of the community.
...