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weno2010

Change of Status: H1B ->F2

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Hi! Does anybody know how to change an H1B to F2 visa?

I am an H1B holder but will be laid off in about one month. My hunsband is still a F1 student, so we are thinking about applying a F2 visa for me. Did anybody here have similar experience? What material shall I prepare for this transfer? How long does it usually take?

Thanks in advance.

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I did my H1b to F2 COS successfully in Feb, 2011. To do this, I filled change of status form i-539. You can get this form at USCIS site. I didn't hire any attorney to do this, and I did everything myself. It’s easy. You need to submit these documents with the form: Student's I20, dependent I20 (meet to your DSO, they will generate a new I20 for the dependent), sponsor's (your husband's) bank document to show he has sufficient balance to support you (15-20K is enough), completely filled I 539 form, student's recent transcript (to show that s/he is in good academic stand), your recent 3-4 pay stubs to show you are currently in valid H1b status.

In my case, I got the receipt in 20 days, and approval in another 40 days. One important thing, an employer can transfer your H1b even though your F2 is under processing. They need to file your H1b with F2 receipt. Later on, with H1b receipt you will be again ready to work!

All the best.

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Hi,

I need to change from H1 to F2 visa ASAP. Could anyone please let me know the procedure to do so?

My H1 expires on May 11 2012. I need to change to F1 visa status ASAP.

How long does it take for the processing?

Will I have to leave US to get the visa stamping again?

WIll I be legal to stay in US if I file for the change of status from H1 to F2 before May 11?(And if I havenot recieved the approval by may 11)

ANy help will be appreciated.

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My H1 expires on May 11 2012. I need to change to F1 visa status ASAP.

=> Its F2 right?

How long does it take for the processing?

=> Its take 2-3 months for approval, but once you file COS you can stay in USA. Use I-539 for COS. To know more search: "I 539 USICS".

Will I have to leave US to get the visa stamping again?

=> If COS approved, you will get new I94 and no need to re-enter or visa stamping to stay in USA. Once you leave USA and plan to reenter on F2, you need to get F2 stamping.

WIll I be legal to stay in US if I file for the change of status from H1 to F2 before May 11?(And if I havenot recieved the approval by may 11)

=> You need to provide start date at COS form. You HAVE to file COS being in-status. Thus, filing COS before May 11 is best and only option.

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Hello, 

 

I too have the similar questions.

 

If I have changed the status from H1B ---> F2 visa. Will I be able to convert from F2-->H1B again? Do I need to file for the new H1B again in the coming year or my previous H1B will be valid to continue the employment?Please let me know.Thank you.

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Hi,

 

I have similar questions. I am on bench and came to know today my H1 will be revoked as of June 11th. questions are-

 

* when should I file for change of status- from h1 to f2? How early?

 

* What documents are needed? I don't have any pay stub yet. will receive around May end.

 

* if I don't receive COS approval by June 11th will I be still in legal status to stay in US?

 

* I am also looking for project so if I file for COS and mean time I get project -how would it work? what if COS approval is received? Would my remaining H1 validity be of any use or new H1 will have to be filed?

 

THank you

Would appreciate your response

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I did my H1b to F2 COS successfully in Feb, 2011. To do this, I filled change of status form i-539. You can get this form at USCIS site. I didn't hire any attorney to do this, and I did everything myself. It’s easy. You need to submit these documents with the form: Student's I20, dependent I20 (meet to your DSO, they will generate a new I20 for the dependent), sponsor's (your husband's) bank document to show he has sufficient balance to support you (15-20K is enough), completely filled I 539 form, student's recent transcript (to show that s/he is in good academic stand), your recent 3-4 pay stubs to show you are currently in valid H1b status.

In my case, I got the receipt in 20 days, and approval in another 40 days. One important thing, an employer can transfer your H1b even though your F2 is under processing. They need to file your H1b with F2 receipt. Later on, with H1b receipt you will be again ready to work!

All the best.

Hi,

As you mentioned that employer can transfer your H1b even though F2 is under processing...is that true even when employer has revoked H1? I am currently on H1, but employer said they will revoke my h1 as of June 11 if I don't receive the project by then. I am getting marketed thru other vendors also. So say I get project after my h1 is revoked, but before F2 approval. Can I still get my H1 transferred as you mentioned.

 

Thank you

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I am currently on H1b which expires on 15th May 2015 (I94 expiry is also the same). My initial H1b was filed 24th August 2010, have I've remained in that status since. I know that a new company would file my H1b within the next couple of month, but exact date is yet unknown. Now I risk of going out of status, no matter how fast the new company processes my H1b transfer. An alternate solution I thought is of pursuing COS to F2 now (since my wife is on F1) which will prevent me from going out of status. My question/concerns are the following -

 

a. I understand I have to file COS (I-539) before 5/15, but should I have the COS receipt by that time to stay in the country?

b. Can my new employer file my H1b based on the F2 receipt?

c. Assuming my new employer files H1b using the F2 receipt, at what point should I withdraw my F2 COS application?

d. Can I start working with the H1b receipt?

e. How would things change if I get F2 approval before the company files for H1b?

f. Do I have to go outside U.S. to get stamping done in any of the COS (H1b to F2 and back)?

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Hi, 

i have a similar situation as the gentleman explained in the first post. I am currently on H1 B and want to convert to F2, as my wife's dependent.

However I am not sure where to apply the I-539? Should I do it online or send a mail with documents? What address is it to be sent to? 

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Hi, 

I was on H1b from 7 years (I-140 approved), Indian national stuck in priority date not current. I recently got laid off from my job, planning to apply for F-2. My wife is pursuing PhD, and her university provided an F-2 I20. The question is that filing of I-140 affects the change of status to F-2? Considering F-2 is a non-immigrant intent visa, and I-140 is a desire to immigrate. 

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On 8/16/2017 at 3:04 PM, Jasneet Singh said:

Hi, 

I was on H1b from 7 years (I-140 approved), Indian national stuck in priority date not current. I recently got laid off from my job, planning to apply for F-2. My wife is pursuing PhD, and her university provided an F-2 I20. The question is that filing of I-140 affects the change of status to F-2? Considering F-2 is a non-immigrant intent visa, and I-140 is a desire to immigrate. 

Hi Jasneet,

Were you able to file Change of Status and was it approved? I am in the exact same situation as you and looking for more information.

If you do not mind me asking, what status are you on right now? 

Thanks,

Gurmit.

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On 2/10/2012 at 4:32 PM, wiweq said:

I did my H1b to F2 COS successfully in Feb, 2011. To do this, I filled change of status form i-539. You can get this form at USCIS site. I didn't hire any attorney to do this, and I did everything myself. It’s easy. You need to submit these documents with the form: Student's I20, dependent I20 (meet to your DSO, they will generate a new I20 for the dependent), sponsor's (your husband's) bank document to show he has sufficient balance to support you (15-20K is enough), completely filled I 539 form, student's recent transcript (to show that s/he is in good academic stand), your recent 3-4 pay stubs to show you are currently in valid H1b status.

In my case, I got the receipt in 20 days, and approval in another 40 days. One important thing, an employer can transfer your H1b even though your F2 is under processing. They need to file your H1b with F2 receipt. Later on, with H1b receipt you will be again ready to work!

All the best.

Thank you wiweq. This infor is helpful. I have a question. Did you send original documents to USCIS? I20(F1 and F2) and transcript? Thank you

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