If applying for F2 to H4 change of status, is it best to apply for a status change in the U.S, then leave the country and apply for an H4 visa or just leave and apply for an H4 at a U.S. embassy?
Question Details: I am currently on OPT and found a job at a university. The university does not accept my OPT so I want to apply for an H1B visa. However, they do not apply for these visas, so we should do it ourselves. She is on F2 visa now. My wife is also planning to travel to her home country for a visit.
If traveling outside the US, she does not need to apply for anything before she leaves. If you already have the H-1B visa or approval, when she is at the Embassy, she can simply present proof of your H-1B status and proof of your marriage (marriage certificate) and she will be eligible for a H-4 visa. If you are not yet in H-1B status at that time, then she will not be eligible. If she returns to the US in F-2 status and you later get the H-1B, she can apply for a change of status within the US.
As far as you applying for the H-1B on your own, you cannot. It is not a self-petition. The petitioning employer has to be the one to apply for the H-1B on your behalf. They need to be the ones signing and submitting the petition; otherwise it will not be approved.