h1 to F2

[rajkumar.t08]

Hi 

• Right now I am in H1 and valid till 2020 and my wife converted to F1, can I convert to F2 and how many days will it take. Can you tell me the procedure?
• During the conversion time from h1 to f2, can I stay in US or need to go back to India and after stamping of F2 only I should come back.

 

Thanks

[mehopeful]

You can use form I-539. It takes many months to process, once it is approved you must stop working immediately. (You can stop working after filing the form). Change of status happens within the US, but if you leave the US after that point you will have to obtain F2 Visa to return to US.

Alternatively, you can leave at any time and return with F2 Visa. There won't be any need for I-539 in that case.

Remember F Visa does no allow immigrant intent, so you have show strong ties to home country.

[rajkumar.t08]

Hey thanks for your reply, sorry I forgot to tell you my I94 already expired then also can I stay in US until my H1 to F2 conversion time.

 

[mehopeful]

In H1 valid till 2020 but I-94 expired? Does the H1 approval notice have an I-94 at the bottom?

[rajkumar.t08]

@mehopeful in my wife f1 visa they have end date as till duration of status what does that mean

[LeaveMessageH1B]

5 hours ago, rajkumar.t08 said:

@mehopeful in my wife f1 visa they have end date as till duration of status what does that mean

That means your wife's status is legal till the date mentioned in her i-20 form and that tied to her i-94 as well. 

 

 

[LeaveMessageH1B]

If your i-94 is expired you CAN NOT change status. for current process timings check USCIS website, approx time is 4-6 months. Also how come your H-1 is valid till 2020 and i-94 expired , did you miss something ?

[mehopeful]

You didn't answer my question. How is your H1 valid till 2020 but I-94 expired? Does the petition approval notice valid till 2020 have an I-94 at the bottom? Are you actually working for the petitioning employer?

Duration of status means your wife is legal until she keeps maintaining her student status. That means maintaining a full course of study as per her SEVIS record or undergoing authorized practical training. Her school's international student department will determine this.