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Hi,

I need your urgent help. My H1B VISA is getting max out on 16thJuly'2018 and my PERM is still not approved. Currently DOL is processing MARCH PERM so it may be approved after my H1B gets max out. Now, My wife is studying on F1 so I want to change my status to F2 from 15thJuly'2018.

I have following queries.

  • Can I stay on H1B to F2 change of status receipt ? or Do I required to maintain a valid status(not expired one) when my COS of F2 application is pending ?
  • If my F2 application is rejected  then my stay will be considered as illegal ?
  • Can I extend my H1B (once I140 is approved) using F2 receipt ?
  • My stay on F2 COS receipt cause any issue in my I-140 petition or H1B extension or H1B stamping in future  ?

I will really appreciate your help if you can answer my above queries as it will help me to take correct decision for my future.

Thanks,

VM

asked in F1 Visa - OPT by (590 points)
edited by

1 Answer

+1 vote
 
Best answer
  • Can I stay on H1B to F2 change of status receipt ? 
  • Yes you can stay on change of status receipt
  • or Do I required to maintain a valid status(not expired one) when my COS of F2 application is pending ?
  • This would be great but is not required
  • If my F2 application is rejected  then my stay will be considered as illegal ?
  • A grace period is available - 30 days
  • Can I extend my H1B (once I140 is approved) using F2 receipt ? 
  • F-2 receipt is in-status evidence to be provided only if asked. You will use I-140 approval for H1B extension. Is your I-140 in process at this time? You may have further rights in this matter.
  • My stay on F2 COS receipt cause any issue in my I-140 petition or H1B extension or H1B stamping in future  ?
  • No
answered by (76.2k points)
selected by
Thanks sshankar for your quick response.

I was confused due to following new rule by USCIS
https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/changing-nonimmigrant-f-or-m-student-status

Can you please clarify that this rule applies to F1 only or F2 spouse as well ?

Thanks,



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