Got laid off, need suggestions !!


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Hi all,

I just got laid off yesterday from FT position. My wife is working on OPT and her H1b is going to be started from Oct 1.

Now, I don’t understand that I should file my COS to F2 or H4 (starting from Oct 1st). If I apply for F2 it would expire on Sept 30 as my wife will be on H1b from Oct 1st.

Experts/ attorneys, please reply.


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Originally posted by pontevecchio:

If you were planning a quick visit home you might go ahead and come back on the H4 visa.

I liked your suggestion pontevecchio. Thanks.

I have another question, my wife's H1b will kick off from Oct 1st, can I go for H4 visa stamping before Oct 1st?

Second, my wife doesn’t have H1b visa stamping on her passport, can it create a problem for my H4 stamping.

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  • 3 months later...

Thanks for everyone for help. Below are the update and recap my satuation:

  • On August 30, 2011 I got laid off from FT job.
  • On Sept 10th, applied for COS to H4 starting from Oct 1st, 2011. I tried to file cos to F2 but my wife's status was already changed to H1b since April 2011, time of filing her H1b. Its was USCIS's mistake. She should be on F1 till Sept 30, 2011.
  • Got the COS H4 receipt on Oct 3rd.
  • Got a contract position and H1b filed with H4 cos receipt on Oct 15
  • Got RFE about employee- employer relationship on Oct 30th
  • GotCOS H4 denial on Nov 3rd, they say my H1b was revoked on Aug 15th, and I didn't give any details about my status from Aug 15th to Sept 9th. Contacted to my ex FT employer. They told me they revoked my H1b on Aug 30, sent me the receipt of the same too. It proves it was the mistake from USICS side.
  • On Dec 11 my H1b approved.

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