F1 to H1 related Queries.

[manish2703]

Hi,

 

 I am seeking out consultation related to my F1 to H1 and my wife's F2 to H4 related issues.

I am currently on a F1 STEM Extension OPT Visa which is valid until Apr 2020. My Employer filed my H1B for the year 2019, it got picked up in the Lottery and in July, I got a RFE on my H1. My Employer submitted the supporting documents on Oct 4 2018. Since then my case status on the USCIS website is "RFE received on Oct 4th 2018".

On November 21st, my F1 SEVIS was udpated stating Change of Status was approved. I reached out to my school and they informed me that, the SEVIS was closed with the notes saying "Change of Status Approved" which means my H1 is approved and I will have to wait for my H1 Approval Receipt from USCIS. Checked with my Employer who confirmed he has not yet received anything on my case and there are no updates on the USCIS Website too.

Here are my concerns for which I need consultation

1. My wife is a dependent on me with a F2 Status, as my SEVIS was closed on 21st November her's got updated too and I believe her F2 SEVIS is marked closed too. I was informed by my school that she has 60 days grace period to apply for a Change in Status from F2 to H4.

2. Its now almost 45 days since My SEVIS was updated, I don't have my H1 approval receipt yet, thus wondering what are the options for my wife if the 60 days are completed.

3. Can I apply for a change in status without having the H1 approval receipt? Can I use my I797-C form which states that my H1 was picked up and I can provide my SEVIS updates as proof of my H1 or a change of status was approved.

 

Thank You.