Hi,
I am currently a student and working for a company under CPT. My company filed H1B for me this year and it got approved. However, my position is recently cut and I need to leave the company at mid-June. My boss told me I can start to look for jobs and promised me they won’t revoke my petition. Here is my question:
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Since my current program will end in late June, can I transfer to F2 (my husband is F1 right now) while my H1B is approved?
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If I transferred to F2 before 10/1, will my status automatically change to H1B from F2 on 10/1?
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Can I maintain under F2 after 10/1 till Dec. and find a new company to file H1B for me? will it be cap-exempt? Does my current company need to do anything, before and after 10/1, so that my new company can file a cap-exempt H1B for me?
Thank you so much in advance!
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Yes, file COS to F-2
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Yes as H-1 COS is for a future date and doesn’t become invalid in b/w
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In this case, you need to take an action to invalidate H-1 COS. As you have lost your job, it is better that you travel outside US and return on F-1 or F-2 and then apply for F-2 COS. Later, any employer can file cap-exempt H-1 petition for you along w/ COS.
Remember that if H-1 COS goes into effect on Oct 1, you may be in trouble. This is b/c you have lost your job and would not be getting paid.
Hi Saurabh,
Thank you so much for answering. Few questions following on your answers:
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Is leaving US a required step to invalidate H-1 COS? Can I invalidate H-1 COS by filling F-2 COS alone w/o leaving US?
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What’s the difference between invalidating H-1 COS and withdrawing the petition?
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Is the H-1 COS invalidated when USCIS receive my F-2 COS application or when the application get approved?
Thank you!