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Context:
I have not been selected for H1B and my OPT ends very soon. I have at least 7 more months (this is what the attorney says) to receive my new EAD card (via EB3 green card application). My husband is also on OPT, extendable for another two years or so.
I am seeking help regarding my situation in that 6-7 months:

I don't have a valid Visa to re-enter the US but I am willing to visit home in that 6 months - would that have any effect on the green card application?
Can I apply for F2 in a US embassy in Mexico or Canada, and come back within my grace period (before getting a solid response on F2) OR should I change my status while in the US and apply for the Visa after that?
Is there any chance of F2 being rejected because I have started a green card application?

Thanks for sharing your insight!
asked in F1 Visa - OPT by (160 points)

2 Answers

+1 vote
 
Best answer
Your F2 is kind of in the gray area, as you were on OPT already and your husband is also on OPT. If in USA, you may be approved, but if you go directly to the consulate, outside the country, there is a "slight" chance it may be rejected (cause of both being in OPT).  

PERM has nothing to do with your F2 visa, PERM is for Department of Labor not USCIS.
answered by (42.2k points)
selected by
I am not a expert on this. I think you may able to transfer it while staying in US, then it may be approved.

But if you applied it outside of US, it might be rejected since your PERM is processing. For F2, you need to prove non-immigrant intent which you can't prove since PERM is processing. It's better to consult your Lawyer for proper legal advice.
0 votes
I am not a expert on this. I think you may able to transfer it while staying in US, then it may be approved.

But if you applied it outside of US, it might be rejected since your PERM is processing. For F2, you need to prove non-immigrant intent which you can't prove since PERM is processing. It's better to consult your Lawyer for proper legal advice.
answered by (190 points)



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