Immigration Issues/OPT to H1 gap


I am currently on my OPT. It is set to expire on May 31st, 2008. My wife is on a F1 visa now (her I20 is valid till July 2009).
1) During the gap situation, can I change to a F2 visa?
2) If I file for a change of status to F2 now and I do not receive the approval before April 1st, will I face any issues as both my change of status as well as my H1B applications will be in processing at the same time?
3) Suppose I receive my F2 approval after I receive my H1 approval which will be effective from October 1, 2008, will my H1 get canceled?
4) Will my F2 get canceled automatically soon after my H1 becomes effective from October 1, 2009?

I would appreciate it if you could provide me answers to the above queries as I am desperately seeking feedback.

1) Yes you can file for change to F-2
2) No, but the H will be approved only after the F-2 application is approved. Which should not be a problem becos the start date is only in October.
3)Will depend on which approval comes the latest.  Since the H is effective only from Oct 1, 2008, you should not have this issue crop up in your case.
4) There is no such thing as automatic cancellation, you will be on H status from Oct 2008.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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