lanaga Posted January 31, 2014 Report Share Posted January 31, 2014 Hi , I am completing my 6years of H1B in Feb with all vacation time recovered. My company has applied for GC and is pending PERM approval. My husband is on F1. Can I apply for a change of status to F2 visa and change it back to H1B once the I-140 is approved? My company is okay in giving me an unpaid vacation time during the F2 period. I have seen on some forums that F2 is a non immigrant intent and it might cause issue in GC 1-485 stage. Please advise if you have any thoughts on this situation. Link to comment
jairichi Posted January 31, 2014 Report Share Posted January 31, 2014 Hi , I am completing my 6years of H1B in Feb with all vacation time recovered. My company has applied for GC and is pending PERM approval. My husband is on F1. Can I apply for a change of status to F2 visa and change it back to H1B once the I-140 is approved? My company is okay in giving me an unpaid vacation time during the F2 period. I have seen on some forums that F2 is a non immigrant intent and it might cause issue in GC 1-485 stage. Please advise if you have any thoughts on this situation. Yes, you can file for a COS to F2 based on your spouse's F1 status. There is nothing called unpaid vacation on F2 as you are no longer tied to your employer. You would need to have some days to recapture for employer to file H1B extension based on PERM pending more than 365 days or I-140 pending for 365 days or approved. Link to comment
JoeF Posted January 31, 2014 Report Share Posted January 31, 2014 It actually would cause issues in the I-140 stage as well. Once an I-140 is filed, you have demonstrated immigration intent. It wouldn't be possible to travel abroad and reenter on F2, then. Link to comment
lanaga Posted February 2, 2014 Author Report Share Posted February 2, 2014 Thank you both for your reply. Just additional clarification. My company is also processing my work permit for Canada which I will receive within next 2 months. So can I file COS now from H1 to F2, once I get my canada visa, move to Canada and after I-140 approval, come back in the states on my H1B extension? In this scenario, will the COS from H1 to F2 cause issue in getting I-140 approved and getting H1B extended? Please advise Link to comment
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