QUESTION
Can I bring my husband on an F2 visa to US while he still has a valid H1b visa?
Asked on May 23rd, 2013 on Immigration - Texas
More details to this question:
My husband already has a valid H1b visa. Can he apply for a F2 visa since I am on an F1 visa now? What are the chances of his visa not getting rejected? Also, can he enter with the F2 visa but work with the H1 b visa in the US?
5 ANSWERS
He can get a F-2 visa but why if he already has a H-1B visa and has a job in H-1B status? If he enters in F-2 status, he cannot work. He would have to have an employer file a new H-1B visa petition on his behalf, which would have to be approved before he can work.
Answered on May 29th, 2013 at 10:23 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No you may only be on one status at a time so he needs to decide whether this would be F-2 or H-1B. The H-1B is required if he wants to work.
Answered on May 24th, 2013 at 1:29 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, he can process an F2 at the Embassy and enter the US. He will not be authorized to work with his H1b company. If he is outside the US and wants to work for that company, he must process the H1b at the Embassy and enter with that visa and purpose.
Answered on May 24th, 2013 at 1:08 AM
Your husband has to enter in the status he intends to hold; if he comes on F2 prior to October 1, then he has to apply to change his status.
Answered on May 24th, 2013 at 12:35 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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Your husband can travel to the US as your spouse on a F-2 visa, however, he is not permitted to work under that immigration status. If he wants to work and his H-1B visa is still valid, he should use the H-1B visa instead. Once in the US, he can always apply for a change of status from H-1B to F-2 as needed. The application is submitted on form I-539.
Answered on May 24th, 2013 at 12:32 AM