H1 to F2 - Urgent Questions


abby99914

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Hi All- I got terminated from my employer yesterday (jan 6th) and am currently on h1b. My wife is studying in the US right now, so I was planning to switch from h1b to f2 as I have 60 days grace period right now. My I-140 is approved by my previous employer..A few questions:

1. I have a consular appointment at the US Consulate in Vancouver on Jan 28th for an F2 - Is it okay for me to go and get an F2 stamp on jan 28th or should I apply for a COS from h1b to f2 while staying in the US? I am wondering what will happen if I get rejected during the consular appointment. Not sure which method has a high chance of approval. I do plan to visit India in a few months so would definitely prefer to have an F2 stamp so I can leave and enter smoothly. I am almost thinking that I should apply for COS (I-539) and get the stamp once my COS is approved. For some reason this sounds safer than leaving the US for an F2 stamp and getting denied for it..

2. During the F2 appointment, if the officer asks me why I want to move to F2, what do you recommend I say? Is it safe to say that "I am no longer with my employer for xyz reason and want to be there for my wife while she studies and look for another job"? What are things I should focus on saying and what are things I should definitely not say. My goal is obv to move to F2 and then back to H1 (using my approved I-140) later. If you can share your experience of moving from H1b to F2 through consular notification, that'd be great..

3. Once I move to F2, can I switch back to an H1b at any point next year using my approved I-140?

4. For the COS, is it easy enough to file it by myself and what are my chances of approval?

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1. Since you have an I140 approved, it will be difficult to prove that you don't have an intent to immigrate to USA which is a requirement for a F-visa. It will be tough. 

3. Yes.

Talking this through with an attorney will be a best option. They might recommend going to home country for F2 visa stamp or wait till you get a new job and come back on H1.

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Since you have an approved I-140 you have shown immigration intent. The F2 does not allow immigration intent, so a change to F2 will most likely get denied, and they could consider the application frivolous. There is a question on the form, "has an immigrant petition ever been filed for you?" The I-140 is an immigrant petition, so you have to say yes there.

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  • 4 years later...

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