Labor audit & change of status


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Hi, My PERM application filed on 5-Aug-2013 received an audit and my H1-B max out date is 5-May-2014. My attorney suggested that I convert as a dependent to my wife who is on F1 status, but suggested that I need to have my visa stamping done for F2 instead of I-539 form.


Does pending COS impact my ability to convert to H1 on/after 5-Aug-2014 (1 year after labor filing) ?


Please let me know if any options.

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