F2 to H1B status transfer

[sampita4H1B]

Hi,

I am at present in USA under L1 visa status and I have applied for H1B through some consultancy firm. But the project I am presently working has ended and I have to go back to India. My Spouse is a graduate student here under F1 visa.

If my H1B petition got approved what will be better option for me: getting the visa stamping done from India or come back to US in F2 visa and then apply for change of status from F2 to H1.

Also is there any risk involved of getting F2 visa is I already have one approved H1B petition.

Any suggestion or other option will be helpful regarding this matter.

[sampita4H1B]

Any help regarding this topic !!!

[pontevecchio]

"getting the visa stamping done from India or come back to US in F2 visa and then apply for change of status from F2 to H1'

Since no legitimate Employer will pay twice for the H1 petition which is waht a COS entails you would need to return with the visa.

[sanjivvinaik]

What you are asking is suggestion for doing an Immigration fraud. :)

Transferring from any visa category to H1 is 100% legal / acceptable / Justifiable but entering US under some other visa category (with intention to change the status. i.e. knowing what you will be doing after 1 month) means while you will face Immigration office @ POE technically speaking it will be hiding / lying to Immigration office.

I know many people who have done it in past and still are doing but it has harm us (Indians) in a -ve way. (It has result in lost of Trust for Indians)

I really do not understand, why we are are so selfish that knowing what we are doing is wrong (morally) and will affect our own country men in future still don't hesitate do it.

I really hope and wish that all who entered in US on some other visa category (Especially L1, L2 and H4) and got H1 approved via some consultancy, USICS will start a project to identify these people (no matter even if they are holding GC now)and start deporting them so that remaining honest (Indians) do not have to suffer for what these few people have done in past.

[sampita4H1B]

Hi Sanjiv,

I hope your whole post is really a joke (as you put a smiley at the top of your post).

You have mainly to problem with my post:

I am asking suggestion for an Immigration Fraud and My intention is morally incorrect.

But again you said that COS is 100% legitimate. I don't understand how someone can be fraud and legitimate at the same time. Do you want to say being fraud is sometimes legally acceptable? Frankly speaking I don't have much idea what they ask in a F2 visa interview. That is why ask for suggestion what will be the right approach to follow.

Your second problem is that after entering US in F2 applying COS for H1 is morally incorrect. But while applying for COS I am going to the same authority for permission of work while staying in US. If they think I am incorrect they can simply turn down my application. And that is my question actually - do they think F2 to H1 transfer is incorrect.

See I don't want to do anything illegally. My first priority is staying with my spouse and if possible I want to work also.

[sanjivvinaik]

No it is really not a joke.

It is 100% legimate for someone who when entered in this country had no plans to work but got an oppurtunity in a good company (Full time) and started working after changing the status.

But, If one enter US on some other category knowingly that you were be transferring to some other category then it is atleast morallly wrong and believe me if Immigration Officer even smell's that you have such Intension then forget getting inside you maybe deported or barred.

I have no confusion after reading your post that this you are doing only with the purpose because you feel H1 are getting hard time so this is easy route. :)

You mentioned that you are going to the same authority for permission of work while staying in US. If they think I am incorrect they can simply turn down my application.

I would like to say that there is no way they can reject your application while you are present in US because while in the country you are always represented by a lawyer and laws in this country is that they cannot turn down the application but if you share this kind of Intension with Immigration office then i can bet officer will not even let you cross the Immigration Department and will be send back on the next flight but as one is alreadt inside so they cannot deport the person for not having a very strong / valid reason.

Well @ first it is really not my problem :) these rules were in place so that geniune candidates does not have to wait or suffer but we are masters in finding loose points and using it as per our convinence :)

[PratikTortikar]

Hello,

 

 

My situation is somewhat the same. My wife has h1b approved and stamped but she never stepped into the US. And her company doesn't have a project to send her, there might not be a project in future as well. 

 

I spoke to one of your attorney and she said, bringing her on f-2 and filing COs is 100% legal and not fraud. Now, this blog says its fraud. How can the same law firm say two different things?

[User099]

On 3/13/2020 at 1:21 PM, PratikTortikar said:

Hello,

 

 

My situation is somewhat the same. My wife has h1b approved and stamped but she never stepped into the US. And her company doesn't have a project to send her, there might not be a project in future as well. 

 

I spoke to one of your attorney and she said, bringing her on f-2 and filing COs is 100% legal and not fraud. Now, this blog says its fraud. How can the same law firm say two different things?

Whom will you trust, a qualified attorney or an unknown person on a public forum.