7th year H1-B extension while in F2

[shranya]

Hi,

 

My current 6 year H1 will expire on Nov-5th 2014.

I had my labor filed on December 10th 2013. with the current processing times for Labor, i may get to know about my petition only in July 2014.

 

If i get audited, i may not apply for H1-b extension as perm is not pending beyond 365 days.

So i am planning to apply for COS to F2 (wife on F1), so i can stay in US from November 5th in F2 visa. below are my concerns 

 

1)Once i get converted to F2, can i apply for H1 extension after December 10th 2014 as my PERM would be pending over 365 days by that time.

 

2)And do i need to apply only in April in fresh H1 quota as i will be in F2 ?.

 

3) Also when will be ideal time to apply for F2 visa (in how much advance time should i file for COS)

 

Thank you,

[jairichi]

Hi,

 

My current 6 year H1 will expire on Nov-5th 2014.

I had my labor filed on December 10th 2013. with the current processing times for Labor, i may get to know about my petition only in July 2014.

 

If i get audited, i may not apply for H1-b extension as perm is not pending beyond 365 days.

So i am planning to apply for COS to F2 (wife on F1), so i can stay in US from November 5th in F2 visa. below are my concerns 

 

1)Once i get converted to F2, can i apply for H1 extension after December 10th 2014 as my PERM would be pending over 365 days by that time.

 

2)And do i need to apply only in April in fresh H1 quota as i will be in F2 ?.

 

3) Also when will be ideal time to apply for F2 visa (in how much advance time should i file for COS)

 

Thank you,

You cannot move to F2 as I-140 has be filed showing that you have immigration intent while F2 does not allow that.

1. Yes.

2. Employer can file anytime.

3. I do not think your COS to F2 will be approved.

[shranya]

Thanks for prompt reply Jairichi.

 

IF i will not apply for COS to F2, then my only option is to stay out of country for 5 weeks so i can use this period for recapture when applying for H1 extension.

 

I have the following query if i have to travel to India.

I have stamping with Company A until july 1st 2014 (but  I-797 with company B until Nov 5th 2014) ....  now i am working with Company B. So if i go out of country from 4/15 -- to 5/20 ... will it be a problem at port of entry as my stamping is with different company than i am currently working for ... and my visa stamping is only for next 1 month when i enter.

[jairichi]

Thanks for prompt reply Jairichi.

 

IF i will not apply for COS to F2, then my only option is to stay out of country for 5 weeks so i can use this period for recapture when applying for H1 extension.

 

I have the following query if i have to travel to India.

I have stamping with Company A until july 1st 2014 (but  I-797 with company B until Nov 5th 2014) ....  now i am working with Company B. So if i go out of country from 4/15 -- to 5/20 ... will it be a problem at port of entry as my stamping is with different company than i am currently working for ... and my visa stamping is only for next 1 month when i enter.

No issue with your plan. Also, talk to your employer's attorney about your plan and the possibility of getting an F2.