Q: Can my wife re-enter the U.S. on an F1 visa smoothly? My PERM application is under processing.

A: To address this question thoroughly, let's break it down into key points and considerations:

1. Your wife's current status:

- F1 visa holder

- In her first year of OPT (Optional Practical Training)

- Has a valid F1 visa stamp

2. Your status:

- H1B visa holder

- PERM (Program Electronic Review Management) application in progress

3. Travel plans:

- Traveling to India for your sister's wedding

- Expecting to receive PERM decision while in India

Given these circumstances, here are some important factors to consider:

1. F1 Visa Re-entry:

Generally, F1 visa holders can re-enter the U.S. if they have:

- A valid F1 visa stamp

- A valid I-20 form

- Proof of current enrollment or OPT authorization

Your wife should be able to re-enter smoothly if she has all these documents in order.

2. Maintaining F1 Status:

- Your wife must intend to return to the U.S. to continue her OPT or studies

- She should carry proof of her OPT employment or job offer

3. Potential Complications:

- The fact that you have a pending PERM application could potentially raise questions about your wife's intent to maintain F1 status

- Immigration officers might question whether she intends to switch to a dependent visa (H4) in the near future

4. PERM Decision Impact:

- If your PERM is approved while you're in India, it doesn't immediately change your or your wife's status

- However, it could potentially complicate re-entry if the officer believes your wife intends to adjust her status soon

5. Recommendations:

- Ensure all of your wife's F1 documents are current and valid

- Carry proof of her OPT employment and ties to the U.S.

- Be prepared to demonstrate her intent to comply with F1 visa regulations

- Consider consulting with an immigration attorney before travel for personalized advice

While your wife should be able to re-enter on her valid F1 visa, there's always a possibility of additional scrutiny due to your pending PERM application. It's crucial to be prepared and have all necessary documentation ready.

Remember, immigration situations can be complex, and individual circumstances can vary. For the most accurate and up-to-date advice tailored to your specific situation, it's advisable to consult with an experienced immigration attorney.