Immigration Issues/F2 to H1B to F2?

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Question
Spouse on F2 came in 2007. 6 months later, she got H1B1 status for 1.5 years (set to expire on 10/31/2009). Good chances of getting a job offer but she wants to sit at home now since she is pregnant. So need COS back to F2. I am on F1 OPT (STEM ext.; valid Dec 2010). (note: we haven't filed any immigration process, green card, so far):
1) Do you see any any chances of denial, now that she has shown intent to work (by becoming H1B holder)?
2) How do we convince in letter to USCIS that she doesn't intend to work? Does pregnancy as a reason count convincing, or should we keep it out lest it indicate immigration intent?
3) Do we need this from dept that I found online (our international office did not ask anything like that)?
http://international.uiowa.edu/oiss/documents/Status-H1B-to-F2.pdf
4) How much grace period to leave US after denial notice?
5) Can an appeal be filed  after denial notice?
6) Can she file for H1B again, if F2 is denied, and she gets job offer by then?
7) we will be sending I-20, financial support, marriage certificate, letter to USCIS. de we need anything else?

Answer
Spouse on F2 came in 2007. 6 months later, she got H1B1 status for 1.5 years (set to expire on 10/31/2009). Good chances of getting a job offer but she wants to sit at home now since she is pregnant. So need COS back to F2. I am on F1 OPT (STEM ext.; valid Dec 2010). (note: we haven't filed any immigration process, green card, so far):
1) Do you see any any chances of denial, now that she has shown intent to work (by becoming H1B holder)?  Not under the facts that you have given me.

2) How do we convince in letter to USCIS that she doesn't intend to work? Does pregnancy as a reason count convincing, or should we keep it out lest it indicate immigration intent?
This should not be an issue.  She cannot work on F2 regardless of her being pregnant or not.

3) Do we need this from dept that I found online (our international office did not ask anything like that)? You do not need an official letter from her H1 employer.

4) How much grace period to leave US after denial notice?
On H1B there is not grace period.  Once you leave the job, you start to accrue unauthorized period of stay.  While F2 is pending, you should be OK.

5) Can an appeal be filed  after denial notice?
Yes.

6) Can she file for H1B again, if F2 is denied, and she gets job offer by then?
Yes.

7) we will be sending I-20, financial support, marriage certificate, letter to USCIS. de we need anything else?
You also need to send all of your immigration paperwork to show that you have maintained your status throughout your stay in the US and also all of her immigration papers to show that she has also maintained her status throughout her stay in the US.

Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

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Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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