Last action rule and out-of-status interval

[lepy23]

Hello,

 

I was in F-1 status until Aug 2^nd (including the commonly accepted 60-day grace period). I now have a job offer and the employer applied for H-1B with premium processing (PP). In order to protect my legal status after Aug 2^nd until my work visa is approved, I applied for F-1 to F-2 change of status as my husband’s dependent- this application was accepted on Aug 2^nd as well. BUT, my husband now has an approved H-1B effective on Aug 19^th, therefore he won’t be an F-1 holder beyond that date.

 

1)       According to the “last action rule”, “if approved”, I will eventually have F-2 status since my H-1B with PP will have been processed/in effect much earlier. Is this correct?

 

2)       If my F-2 application is denied because my husband won’t hold an F-1 status after Aug 19^th, am I going to be considered out of status for the duration after Aug 2^nd (end of grace period) until my H-1B effective date? What would be the consequences?

 

3)         If my F2 is denied, can my already-approved H-1B be revoked by USCIS, too?

 

Thank you!

[pontevecchio]

Wait for approval. Then leave and come back on the H1 visa up to 10 days before October,1.

[lepy23]

Thanks pontevecchio!

I need to start teaching by the end of August and that's when the H1-B approval should arrive. Can I wait for the F2 denial decision and then leave before I am less than 180 days OOS and the semester is over (Dec 8) for h-1B stamping?

Wait for approval. Then leave and come back on the H1 visa up to 10 days before October,1.

[pontevecchio]

Your COS to F2 will be denied if your spouse gets H1 status. The H1 petition with COS will be approved. By teaching if you mean an University will sponsor it then by all means inform the University Lawyer about your F2 COS. You  would seem to be OK, Touch wood.

[lepy23]

Thanks. I will try to update this post in case someone finds him/herself in a similar situation.