F2 to H1 Issues, please help me

kanika kumar

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Hello Sir,


My name is Kumar,  I am currently in USA, on F2 dependent Visa, as my wife is currently  doing her master and she in 3rd semester at present, and recently one of the employer sponsored me H1 visa ( F2 to H1) and it got pick up in the lottery , and it’s still under process and H1 is not approved yet  but due to family medical emergency as we lost one of our family member, and it was shocking news to us and we both me & my wife have to leave to our home country India and it’s been 20 days so far we both are in India, and  bad luck hunting us  because in this travel time my wife lost her passport  and when I check with my employer about my H1 process he saying when you are applying change of status F2 to H1 I am not advice to travel out of the country as my H1 is still under process, now he saying I have abandoned the COS status and now there are very less chances to get my h1 approved. Now my wife can’t come back to USA and we are in process of applying her new passport but its time taking process. so I have decided to travel to USA as I have valid F2 visa and valid i20 and passport, and I did and I landed back into USA safely.  So now please help me, suggest or advice me out with available options left out for me.


1.       Now my wife can’t attend her final exams for 3rd semester? so will she going to lost her F1 status? if so then i will lost my F2 status as well. Do I have any other options to maintain my F2 status as i am already in USA?

2.       As my COS status is abandoned, because I left to my home country but now I reenter to USA and still my H1 is under process can I resubmit COS to my current H1 process?

3.       If my H1 is approved is it must that I need to leave for stamping to my home country?  Or can I start working from oct1 while staying in USA.

You help me much appreciated


Thank you and waiting for your valuable suggestions 

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