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Immigration Issues/Status of F2 while F1 to H1 conversion


I am in US on F1 visa. Recently my spouse and kid got F2 visa and they are in India. They are planning to come to US in May-2008.I am in a plan to apply for H1 this year.
My question is If my H1 is approved, can they come to US on F2 visa in May-2008 ?

Thank you


As long as you are on F1 status, your family can come to the US on a valid F2 visa.  Merely applying for an H1 would not change your status.  Merely having your H1 approved would not change your status until the start date of the H1 employment.  Thus, if you are planning on working for a cap exempt employer and are going to start working before the arrival of your family, then they would have to enter on an H4 and not an F2 visa.  Otherwise if you stay on F1 and then begin working for the H company after their arrival it should be OK.  NOTE:  your family members would also have to change to H4 or another valid status once you change from F1 to H1.  
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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