World Journal Weekly Q & A - March 9, 2014

Q & A 1.

Q&A 1.

H-1B Holder with Status Ending In March and Baby Due In March Wonders Whether To Change Status To B-2 Visitor Or F-2 Dependent (Concurrently With Husband’s Change Of Status Application To F-1 From H-4).

A mother-to-be asks:

My work visa (H-1B) will be ending this March and I am having my baby due in March too – a very ward timing. My husband is currently my dependent (H4) and he is trying to transfer to F-1. Should I try to transfer to F2 at the same time with him (so we apply for F-1 and F2 at the same time)? Or should I transfer to B2 myself? Which way is better?

I need time to deliver the baby first and wait he is old enough to get on the plane if I I need to go back. Meanwhile, it would be better if I could use this visa pending period to try to find another job.

Dear reader,

Quite possibly your best move might be to transfer to F-2 dependent status at the same time that your husband is applying for a change of status to F-1 student. Such a move would allow you to have as much time as you need to adjust your life after the birth of your child. It would also give you sufficient time to find another job if that is your desire.

Copyright © 2003-2014 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.