Posted by: DWI October 7, 2004
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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.