Immigration Issues/COS from H1B

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Question
Hi,

I've applied for COS from H1B to F2. I've received receipt from USCIS. I see that the processing date at this time is ~7 months(approx).

I want to quit my job and stay with family due to health reasons. I don't want to wait for F2 approval (6-7 months). I want to be sure that if I quit now I can get back to H1B.
My question is: Do I really need to wait till F2 approval to quit so that later within an year I can get H1B change of status.
- University gave me I--20(original copy is with I-539 application)
- date on my current I-94 is for next year

if not what options do I have? can I withdraw my petition?

Thanks in advance,
Preeti

Answer
Preeti,
You can quit now if you wish since you have a pending Change of Status application. And you are considered to be in a authorized period of stay. Once you obtain your F-2 approval you can revert back to H at any time.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

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, www.ashleykrishnan.com

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