H1B- Change of Status to F2


chikz

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Hi,


 


 I am on bench and came to know today my H1 will be revoked as of June 11th, if I don't get project. questions are-


 


* when should I file for change of status- from h1 to f2? How early?


 


* What documents are needed? I don't have any pay stub yet. will receive around May end.


 


* if I don't receive COS approval by June 11th will I be still in legal status to stay in US?


 


* I am also looking for project thru other vendor/employers so if I file for COS and mean time I get project -how would it work? what if COS approval is not received? What if COS approval is received? Would my remaining H1 validity be of any use or new H1 will have to be filed?


 


THank you


Would appreciate your response


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Hi,

 

 I am on bench and came to know today my H1 will be revoked as of June 11th, if I don't get project. questions are-

 

* when should I file for change of status- from h1 to f2? How early?

 

* What documents are needed? I don't have any pay stub yet. will receive around May end.

 

* if I don't receive COS approval by June 11th will I be still in legal status to stay in US?

 

* I am also looking for project thru other vendor/employers so if I file for COS and mean time I get project -how would it work? what if COS approval is not received? What if COS approval is received? Would my remaining H1 validity be of any use or new H1 will have to be filed?

 

THank you

Would appreciate your response

 

If you are on bench and not paid then you are out of status from the day your pay stopped.

1. You need to file a COS before the last day of your work or pay.

2. Pay stubs are a must as otherwise your COS will be denied.

3. As long as an application is made and a decision is pending with USCIS you are fine.

4. Let new employer file a cap exempt H1B petition. On approval try to withdraw COS (if not approved) or exit and enter US with a valid H1B visa (if COS approved or not approved). You are eligible for 6 years - time spent in US on H1B status. 

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Thanks Jairichi.

 

Last question is if I get a dependent I-20 from hubby's college( as required to submit for COS), but later don't file for COS if I get project. Getting dependent I-20 would not affect my status -H1 in anyway (In case if I don't use it)

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Thanks Jairichi.

 

Last question is if I get a dependent I-20 from hubby's college( as required to submit for COS), but later don't file for COS if I get project. Getting dependent I-20 would not affect my status -H1 in anyway (In case if I don't use it)

Just having an I-20 does not give you any status in US.

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If you are on bench and not paid then you are out of status from the day your pay stopped.

1. You need to file a COS before the last day of your work or pay.

2. Pay stubs are a must as otherwise your COS will be denied.

3. As long as an application is made and a decision is pending with USCIS you are fine.

4. Let new employer file a cap exempt H1B petition. On approval try to withdraw COS (if not approved) or exit and enter US with a valid H1B visa (if COS approved or not approved). You are eligible for 6 years - time spent in US on H1B status. 

Can I file for H1 transfer, if my h1 is revoked and I have filed for F2, but still waiting for approval (under processing).

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Can I file for H1 transfer, if my h1 is revoked and I have filed for F2, but still waiting for approval (under processing).

Yes, only an employer can. But, if your COS application to F2 gets approved after H1B transfer approval then according to last action rule you will be on F2 status. In that case you need to exit and enter US with a valid H1B visa and new I797.

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  • 2 weeks later...

Can I file for H1 transfer, if my h1 is revoked and I have filed for F2, but still waiting for approval (under processing).

Hi Jairichi,

 

  would my stay be considered illegal if- my employer have said I am no more employee of company as of 5/31, but they haven't revoked my H1? Also I have not filed  any COS yet.

 

Am I safe if the company haven't revoked my h1. But at same time said I am no more employee of company..what does that mean. I haven't filed COS as I have interviews and hoping would land on project soon..so do H1 transfer.

 

What should I do in above case? Your advice would be appreciated

Thank you in advance.

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Hi Jairichi,

 

  would my stay be considered illegal if- my employer have said I am no more employee of company as of 5/31, but they haven't revoked my H1? Also I have not filed  any COS yet.

 

Am I safe if the company haven't revoked my h1. But at same time said I am no more employee of company..what does that mean. I haven't filed COS as I have interviews and hoping would land on project soon..so do H1 transfer.

 

What should I do in above case? Your advice would be appreciated

Thank you in advance.

If no COS is filed after your last day at work whether a petition is revoked or not you will be considered as out of status.

Before your last working day file a COS to B2. This will help you to stay in US and attend interviews. Once you find an employer let them file a H1B petition. After approval, exit and enter US with a H1B visa and new I797. By doing this your COS to B2 applications gets abandoned.

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If no COS is filed after your last day at work whether a petition is revoked or not you will be considered as out of status.

Before your last working day file a COS to B2. This will help you to stay in US and attend interviews. Once you find an employer let them file a H1B petition. After approval, exit and enter US with a H1B visa and new I797. By doing this your COS to B2 applications gets abandoned.

Being in usa I can file for B2 visa (visitor visa). I was thinking of F1 visa...but it will take time to get i-20 and apply for COS.

 

Thank you once again Jairichi.

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