No. In order to qualify for F-2, she would need to meet several criteria:
- you must be married (obviously)
- you must be living together.
- you cannot be in separation or in the process of getting divorced.
- she cannot work.
- she must not have the intent to change to another status on the day she
returns to the USA.
Since you are actually in the process of getting divorced, entering on the
F-2 would be at best problematic, and could be considered outright
fraudulent.
Assuming that she plans to work, the H-1B would be an additional
complication. First, the employer would have to re-sponsor her (that's the
only way to apply for an H-1B from within the USA) even though she already
has a valid petition. Second, entering on F-2 with the intent of changing
to H-1B is not legal. And third, until the change to H-1B is approved,
possibly many months later, she would not be allowed to work.
On Thu, 12 Feb 2004 19:45:46 -0800, visa_ques wrote:
> Thank you. Since she still has the F2 stamp and our divorce has not yet
> been filed, can she leave and re-enter on the F2 even though she has H1B
> Status?
>
> Thanks again.
>
> JulianB wrote in message
> news:<1238615.1076614652@britishexpats.com>...
>> Originally posted by Visa_ques
>> > Hello,
>> >
>> > I am
>> currently in the US on an F1 Visa and my wife joined me here on
>> > an F2
>> Visa. She recently got her change of status approved to H1B and
>> > has
>> been working on a job for the past 6 months. I have continued to
>> >
>> remain on the F1.
>> > She does not have the H1 Visa stamp on her passport
>> yet and we
>> > understand that she will not need it unless she chooses to
>> leave the
>> > US and then re-enter.
>> >
>> > We are now in the process of a
>> divorce and I want to know whether that
>> > will have any implications on
>> her and if she now has to get a stamp on
>> > her passport in order to
>> continue to remain in the country.
>> >
>> >
>> > Thank you.
>>
>> She
>> does not need to do anything, as she has H-1B status. She may remain in
>> the US until that expires. She will only need a visa stamp if she exits
>> the US and re-enters.
--
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