Change of Status from F2 to H1 within 60 days of arrival in USA

[gbg]

I have an F2 visa approved and plan to apply for change of status to H1 after arriving in USA. I am planning to arrive USA on february 20th 2013. I have heard from friends and various forums on internet that change of status application should not be filed within 60 days of arrival.

Is it true? Is this 60 day rule applicable for all change of status applications? what are the risks involved?

If I get the H1B petition is approved, the change of status would take effect only October 1st 2013. So will the 60 days rule still be applicable?

I am worried that the H1 quota may not last that long If I have to wait till April 20th, 2013. I would be grateful to anyone who can answer these question?

[Attorney_10]

The issue with applying for a change of status quickly after entering on a different nonimmigrant status has to do with the individual's intent at the time of the visa interview and at the port of entry. The USCIS is more likely to scrutinize these applications and may deny the request to change status. In many cases, the H1B petition could still be approved for consular notification, which would require the individual to travel abroad and obtain an H1B visa prior to beginning work on H1B status. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and to determine the risks of applying for the change of status.

[needhelp002]

Hi gbg,

though I cannot give an expert opinion on your case, yet I have a question for you.

I'm on F1-OPT and my wife was denied F2, had it been approved I was planning on finding her H1 sponsor.

What's your case? what status your spouse was on when you were granted F2 and how did your H1B worked out ?

Thanks

[aagar2003]

Get all things prepared and ask the attorney to file in after 60 days to be safe..... waiting is a better precautionary measure compared to rejection