Immigration Issues/H1B to F2

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Question
Hi Ajay,
I am on H1B status in CA and I want to switch to F2 and stay in VA. I want to know when will I be on valid F2 status so that I am safe to quit my current job: On receiving a receipt with an “EAC” file number OR after receiving notice of approval.

I read one of your answers and it seems that within one year I can come back to H1B. Are there any complications? If an employer sponsors my H1B. Can I start working on receiving the receipt or I need to wait until H-1B is approved. How long it takes to get the approval?

My husband's F2 visa is expiring in July and we are planning to extend it. If by some reason we have some time gap between current F1 expiration date and next F1,F2 extension stamping. Is there any problem in coming back to H1B. I am hoping I wont be considered out of status for that span of time.

Thanks in advance,


Answer
Hi Preeti,

You should resign from your H-1B job only when the application to change status to F-2 is approved.

Within one year of leaving your job, another company (or the same company) can file another H-1B petition for you, and you can then start working for this company when the H-1B petition is approved.

Re. F-1/F-2 extension issues, as long as change of status to F-1/F-2 or extension of status of F-1/F-2 is filed before I-94 expiry (or before there is violation of status such as failure to be a full-time student on F-1), there is no out of status problem even if approval occurs after I-94 expiration, etc.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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