H1 to F2 to H1

[jose_perej]

Hi,

I have been working on H1 for last 3 years but lost job recently. 2 days from now is my last working day. (3/29). I applied for F2 visa today (COS - I-539). Meanwhile I am going through interviews and hoping to get a new job. My questions are:

1. While F2 process may take abour 3-4 months to finish, can a new employer apply for my H1 while my F2 is still under progress?

2. Is there a way to adjudicate F2 when you have an employer interested in filling your H1? (Can there be concurrent visa application F2 and H1?)

(I tried to find the answer to above question and got mixed opinions. So, I am not sure what the right solution is. I might have a new opportunity in 2 weeks but I would hope that I do not have to wait until end of F2 process before I can start work. )

3. Are employers OK with such case? If they ask why F2, what is the smart answer? (I know what I am going to say but I am trying to find what others think. I might get a bright idea!)

Thanks!

[jose_perej]

Anyone? Please help!

[wiweq]

1. While F2 process may take abour 3-4 months to finish, can a new employer apply for my H1 while my F2 is still under progress?

=> Yes. To file your H1b, they will use F2 receipt and file H1b extension (transfer).

2. Is there a way to adjudicate F2 when you have an employer interested in filling your H1? (Can there be concurrent visa application F2 and H1?)

(I tried to find the answer to above question and got mixed opinions. So, I am not sure what the right solution is. I might have a new opportunity in 2 weeks but I would hope that I do not have to wait until end of F2 process before I can start work. )

=> Yes you can have multiple status application at a time. Search for "last action rule by USCIS". You need to make sure that you get H1b approval before F2 is approved. This can be done by filing H1b in PP. Once H1b is approved, you need to write to USCIS to withdraw your F2 application.

3. Are employers OK with such case? If they ask why F2, what is the smart answer? (I know what I am going to say but I am trying to find what others think. I might get a bright idea!)

=> If they ask what is your current status. Tell them that you would be looking for H1b transfer. Because your F2 is not yet approved, saying that you are on H1b is not wrong. Don't get the thing complex with employers/ HRs. Once you clear the interviews explain everything to attorney. All the best.

[jose_perej]

Thanks a lot. This helps.