F2 to H1B in


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Here is my case - If anyone has been in a similar situation and can tell me how much time this will take, will be much appreciated. I am clueless right now.


1- I have been on h1b from 2004 onwards and and had an approved I-140 EB2 category with priority date of March 2010. 

2-Recently i decided to change my job and my new employer agreed to take on the GC process.

3- The lawyers could not get the application ready in time before I resigned at the end of September, (I resigned prematurely, I admit). I gave the lawyers over 4 weeks overlap before I resigned. For whatever reasons they could not get the paperwork ready and since I had the option of a COS to F2, attorney advised me to take that option. (My wife is on F1)

4- I applied for an F2 COS from my previously beyond 6 year extended h1b. F2 is in process.

5- my employers attorney is saying that currently my LCA is "under process" for the last 1month with website and newspaper ads. Now I will have to wait till that gets approved before they can file my h1b and take that process ahead.

My questions:

1-How much time should i anticipate for this process before i can join the company and start working again. 

2-Could they file my COS from f2 to h1b concurrently as my LCA is under process under premium processing so that i can start working.

 I have transferred H1bs before and it has always worked out. This is all unexpectedly confusing...Online it says this may take anything from 3-6 months! 


Any guidance much appreciated. Thanks in advance! 

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You will not be allowed to change to F2 status unless by error or improper form filling. H1 with PP takes 15 days unless you are joining a doubtful organization. If the approval does not come with an I94 you can leave and return with the H1 visa. You are entitled to 3 year extensions beyond the initial 6 years of H1 based on an approved I-140. Is this a regular company or a NJ one?

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