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Change of status: F2 to H1B

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Hello Members,

I have a question on change of status: F2 to H1B.


My H1B expired after six years on March 7, 2019. As advised by attorneys, I left USA on Feb 2, 2019 and went back to India to continue work for the same employer, India chapter. Thus I have managed to save about 36 days on the H1B. Then, PERM was approved on Sept 2019 and I-140 was approved on Nov 2019. I came back to USA on F2 visa by March 2020. Now, employer has started process of H1B extension, cap exempt. I wanted to have H1B extension through change of status; F2 to H1B. Legal team says that is not possible, and I have to go back to India for consular processing. US Consulates are already closed in India, and given the current status with COVD-19, I'm not sure when I would be coming back.

Is there any legal way out possible to avoid stamping in India? If yes, please provide some official link/webpages for me to contest.

Thank you in advance.



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There is no option or alternative to stamping. If you somehow travel to India with the lock down in place, you can ask the consulate if they will do an emergency appointment provided you qualify for it. 

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Is there any legal way out possible to avoid stamping in India?  -- NO..

" Legal team says that is not possible "-- You need to follow their advice not free forum


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Saving days on your prior h1b is irrelevant. You are eligible for cap exempt h1b based on i140 approval irrespective of your prior h1b usage.

Not knowing your immigration history, not sure why COS from F2 to h1 is not possible. But COS applications  generally take 5-6 months for adjudication anyway since there is no premium processing ( which is suspended in any case). Consular processing actually offers you a faster route to get h1b in my opinion assuming the current covid-19 scenario blows over in the near future and not extend till 6 months in the future.

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On 3/30/2020 at 5:17 PM, zoomzoom said:

Thank you for replying. 

Could you please clarify why this case of mine does not qualify for change of status?

Thank you.

Its not recommended to change your status within 90 days. If you do, you will be treated as lying to the office at POE i.e. your always had intentions to work and which is against F visa. Check with an immigration attorney to discuss options. 

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