I don't know if anyone of you here have had a situation like mine.
I came to the United States in 2002 on an F2 visa valid for 5 years which expires in 2007. I am currently on H4 now, meanwhile I am planning to go home, so the catch is, will I have to re-apply for a visa again because on the change of my status from F2 to H4 although in the passport it clearly says expires in 2007? If you have any idea or expereince, please share. Thanks !!
I would have to say, seek a lawyer. Suggestions from Sajhaties may be helpful but you need to get lawyers advice.
Good Luck!
Sapphire:
As soon as you got a new I-94 (H4) your visa stamp (F2) on your passport expired.This would have beed true even if you had changed your status to F1.As soon as you leave this country, you need to get a new visa stamp (H4) for reentry.
You might want to talk to a lawyer to be 100% sure.
DP.
I came with a Student visa in 1998 which had already expired in 1999 but beacuse of my I-20 I was legal. But I got my H1 last jan and when i went to Nepal I had to get a H1 Visa beacuse of the change of status.
I'm sure you have to get a new H2 visa also. You can also email the US embassy in kathmandu. They are pretty good wiht replies.
dariwal
No, you DO NOT need to reapply for another Visa. The valid visa that you currently have (regardless) will allow u to up to the US port of entry and from there, you will need to have your immigration papers (related to H4) to show to the INS officials to get back inside the US.
Enjoy.
This tells you that you need a professional help.
DP
Thank you all !
Yeah DP , sure will seek professional help. Input from sajha does help tho.
Sapphire
Lets think it logically. You definately will need a lawyer's opinion because the recent immigration rules are not always logical, but here is a logical point of view:
VISA is NOT a status document. VISA is the ENTRY permit to any country and is always aided by a status (like F1 Student status etc). So, your student VISA, since it is not cancelled by immigration yet IS VALID.
HOWEVER!! when you will attempt to re-enter the country, the immigration officer will ask for a supporting document for your visa, which in your case would be a valid I-20 of your spouse (since you are in F2). Since you now have H4, I am guessing your spouse doesn't hold a valid and current I-20. This means that YOUR F1 VISA might be DENIED AT THE PORT OF ENTRY.
I also think that you need a new H4 Visa. F1 or F4 VISA on theirself do nothing, unless accompanied by a valid I-20.
You insisted on Sajha opinion, that was mine. Now, we insist you should get a legal opinion.
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