Immigration Issues/F2 or F1 to H1B

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Question
Hi,
My husband is going to go to US on F1 for an MBA in FALL 2011.

I have already done a MS from US in 2009.

I was hoping to go for a PhD, in nearby university to my that of my husband but PhD is an investment of 5-6 years and I don't want to miss on work experience for 5-6 years and also both of us are not planning to stay in US for more than 4 years to the maximum, I'm now thinking to go for a PhD just to get a status in US, then look for a job and sponsor simultaneously and as soon as I get a sponsor shift to H1b from F1,and leave the PhD program in between. But is it advisable to do so? or will it be illegal? I'm not sure, please advise.

Also, I thought of making a use of the CPT option given by universities to international students while pursuing studies in US, look for a sponsor and join the sponsor for a CPT and as soon I get H1, leave the PhD in between.

I thought of all this just because many told me that it is easier to convert from a F1 visa to H1B rather than from F2 to H1B. I'm inquiring so early because the deadlines of universities are approaching also if there is something else I should try, I would at least come to know.
Kindly assist.
Waiting for response
Thanks and Regards

Answer
If you find a suitable job offer in the U.S. where the employer is willing to file an H1B petition for you, it is equally fine if you are in F1 (with or without OPT/CPT) or F2 visa status at the time. It is important, however, for an employer not to file an H1B petition within one to two months of entry to the U.S. (irrespective on entry in F1 or F2 status).

As you meet the minimum threshhold requirement of possessing a four-year U.S. bachelor's degree or equivalent, the H1B petition can be filed anytime, assuming that the visa cap has not been reached at the time of filing, and upon grant of change of status to H1B, you will automatically be in H1B status will no longer have F1 or F2 status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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