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I am on F2 Status and I plan to travel to India at the end of June. I am concern about my travel because my husband has filed for h1b and waiting for the result. 
My question is If I assume h1b is picked up in the lottery what would be the situation at the time of June-July. Will there be any complication for me If I want to return at the end of the July?

asked in L1, L2, H4, B Visas & Misc by (120 points)

1 Answer

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If H-1 is selected and your H-4 COS has been applied, then your COS would be abandoned soon after you leave US. You can return to US and will have to apply for COS from F-2 to H-4 soon after your husband's H-1 is approved.
answered by (286k points)
May I return in F-2 status after my husband's H-1 status is approved for example sometime in July/Aug 2017? Or F-2 will no longer be valid and I have to go through all consular process in India to apply for H-4 visa and come just before Oct 01, 2017?
His H-1 won't go into effect until Oct 1. So technically you can return on F-2 in Jul/Aug (as he would still be on F-2) and then apply for COS from F-2 to H-4.

If you get H-4 visa stamped, then return to US on H-4 around Oct 1.

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