Newark, DE asked in Immigration Law for Delaware

Q: Need help regarding my F2 to H4 visa..!!


Good morning

My husband was a student with F1 visa and I came to USA as his dependent on F2 visa... His OPT ended in April 2015 and he applied for H1 visa... Got an RFE in July 2015 and then his H1 got approved in Oct 2015..!!!

Now our lawyer forgot to file my h4 during the process...!! I have been here with my husband at all the times..!!

I am still currently staying in the USA itself..!!

We have filed again for my H4 (I-539) in Nov 2015 with the required documents and a cover letter by our lawyer stating about the error made..

Now I have following concerns:

How long does it takes for h4 result to come..?

Can I stay in the United States if I have a reference number or anything of that sort which shows that we have applied for my H4..??

If yes will that be counted as legal or illegal stay..??

If No, what shall be done..??

Will this create any further problems when we apply for our green card..??

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2 Lawyer Answers
Shan Dimitris Potts
Shan Dimitris Potts
  • Immigration Law Lawyer
  • Glendale, CA

A: 1. Why are you not asking your lawyer all these questions?

2. Once your husband's h1b got approved your f2 is no longer valid so you were out of status after the day your husband's h1b got approved.

3. Your lawyer's mistake will not be accounted for, you should apply for change of status before you go out of status, after all it is called "Change" meaning switching from one status to another. You were out of status since f2 so you might have some problems. Talk to a better attorney in private to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
  • Immigration Law Lawyer
  • Sanford, FL

A: If you have retained a lawyer and don’t have trust to ask that person the questions posted here. You should seek for second opinion from an experienced attorney instead of relying on the answers on a public free forum. Good luck.

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