Planning to leave US for H1B Stamping when the Change of status case is pending with USCIS

[rickym1h1]

Hi

I was on L2 visa till July 2011 and before it expired on July, my husband and i applied for change of status to F1 and F2 respectively.The case is still pending for 4 months.i also have a approved H1B petition, it was filed before L2 expired so this approval is a consular process.

1.If I leave US now to get my H1B stamped , what would happen to my F2 change of status case

2.My F2 COS was filed along with my husband, me leaving US for H1B stamping would it impact my husbands F1 COS?

3.I am not sure if my F2 COS would be cancelled as soon as i leave the country. If it is not cancelled and assuming it gets approved after i got my H1B stamped.will i have to do a amendment to go back to H1B again?

4.Finally, my I-94 and VISA expired on July, what would have been my status from July till the date when i leave US for H1B Stamping. would it be considered out of status.

Thanks in advance......

[pontevecchio]

The most important question...When do his Studies start?

[rickym1h1]

he already started attending the school.....

[kuku82]

first of all one can not start using a particular visa until COS has been approved..in your case your husband going to school without F1 COS being approved...

A -1 your COS is void at the moment you leave the country as COS is for within the country process by rule...so that means that you have to go to a US consulate for F2 stamping...Again you can not go for the stamping unless your husband's F1 has been approved..

A-2 your leaving the country does not affect your husband's visa status..

A-3 F2 COS does not come in to picture as soon as you leave the country..

A-4 you are NOT out of status after your I 94 expired as you were waiting for the COS to F2... but you have to leave the country ASAP If your COS does not get approved.

[rickym1h1]

Thanks for your response.....

[JoeF]

first of all one can not start using a particular visa until COS has been approved..in your case your husband going to school without F1 COS being approved...

Actually, that is ok for a COS from L1 or L2. You would be right if it was a COS from B2. There is an explicit rule that prohibits people from attending classes until the COS from B1 or B2 is approved.