F2 to H1B transfer

[F2H1B_2020]

I am currently in USA on F2 status.

I was in USA on H1B. My H1b extension got rejected in Feb 2020. I exited the country and re-entered USA on F2 Visa. F2 I94 validity is D/S and its valid will 2021 end.

An employer is about to File H1B (out of Cap) in premium (once its opened) .

My questions:

1. Per the latest executive orders passed today  i.e 22 June 2020, will my H1B application be able to get processed? 
2. If the H1b petition is approved, will I be able to join work without immediately i.e. exiting the country?

 

 

[gopalakrishnach]

1) I feel since you are in USA already new H1B petition can be submitted to USCIS and they will process it.

2) If it non-consular approval you can. About consular I am not sure.

[User099]

1. Yes

2. If you COS to H1 is approved you can join immediately, no need to travel.