Immigration Issues/F2 to H4 convirsion


I am in USA on F1 status. My future employer filed my H1B on this 1st April 2009. I will start working for my employer in June 2009. My wife applied for F2 Visa in India and her F2 Visa was approved. She is coming to USA in late april 2009. My question is regarding My wife F2 to H4 status conversion.
If I get H1B this time then I will be on H1 from this October 1st 2009. In that case my employer told me they will file for my wife change of status (from F2 to H4) after October 1st 2009. My question is if they file for her status change after or on October 1st 2009 then my wife will loose F2 status from that day (as my H1B will start in October 1st). Then what will be her status for the time when her F2 is expired and H4 is not approved. Can she stay in USA in that period. If she stays in USA in that time then will it have any adverse affect on our green card filing or on any other legal aspect. Kindly let me know.


You can file for her H-4 as soon as your H is approved. During the time the change of status from F to H is pending she can stay in the US. It will not have any adverse effect on your green card applications.

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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