Cos to F2 before H1b max out while Perm is pending

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Hi all,

I need an urgent help on below

Current situation - My H1b is maxing out on june 7th and i am still waiting on perm. But we are expecting our first child around May 18 , thus i wont be able to leave the country it would be insufferable pain for me.

Can i go on F2 visa just before Max by applying COS and return once 140 is approved ?

Once my H1x 7th year applied can i start working or i have to wait for approval ?

Requesting your help here


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There are a lot of moving parts here. It is better to call a professional immigration firm to get your case reviewed in depth. That should be the first thing you should do for "urgent" matters.

- If your spouse on F1 and maintaining status , yes you can initiate a COS. But remember that once i140 is filed on your behalf, you may not be granted F2 visa in case you would have to leave country.

- One COS is done to F2. Your employer would have to file a h1b petition for you based on i140 approval and request COS from F2 to H1b. And No, you cannot work until it is approved and only from the start to the end date specified on approval documents. 

Again , I cant stress it enough, for urgent matters stop wasting time and call immigration lawyers. 

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