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My H1B petition is approved but when I applied my wife was not in USA. She came on F2 after I applied. So she is still on F2 period. I got my approval 20 days before and just today I received originals. Vermont service center takes approx 12 to 15 months for I-539 petition (F2 to H4). So should I send my wife to India now and go for stamping together?

I have some doubts on this process.

1) Does my wife considered as Out Of Status?

2) If she is out of status, till how many days can she live in the US before I have to send her back to India?

3) If I apply for Change of status can she travel to India on that time frame?

4) Can she alone go for Stamping without me and come back to states?

5) Does it really take 12 to 15 months as it mentioned on the USICS websites?

6) What will be best solution in this case? That is safe and convenient?

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

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