F2 to H1b and I-9 verification


ks9455

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I recently separated from my employer and had to transfer my visa status from h1b to f2. My question is will I fail my i9 employment verification test when I find a new job. I have had 3 h1b visas and my ss card says eligible for employment with dhs authorization. Also my i94 card and i797 show my h1b visa is valid till December 2014.

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I recently separated from my employer and had to transfer my visa status from h1b to f2. My question is will I fail my i9 employment verification test when I find a new job. I have had 3 h1b visas and my ss card says eligible for employment with dhs authorization. Also my i94 card and i797 show my h1b visa is valid till December 2014.

Why do you think you will fail employment verification?

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I recently separated from my employer and had to transfer my visa status from h1b to f2. My question is will I fail my i9 employment verification test when I find a new job. I have had 3 h1b visas and my ss card says eligible for employment with dhs authorization. Also my i94 card and i797 show my h1b visa is valid till December 2014.

If you changed your status to F2, you got a new I-94. That one is that counts.

If you find a new job and change back to H1, you can start working, once the H1 petition is approved. It would again have a new I-94 at the bottom.

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You cannot work in any capacity on a F-2 visa -- it does not provide employment authorization in any form.  The eligible for employment with DHS authorization on your social security card reflects this -- you have no DHS authorization for employment on a F-2 visa.  In other words, working on a F-2 visa is illegal.  An I-9 employment verification will return this fact, and you would be immediately dismissed by the employer.  Your previous H-1B visa became null and void when your job with the sponsoring employer was done.  All other previous visas are immaterial.

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