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Immigration Issues/H1B to F2 transfer and back to H1B

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Question
Hi,
My PERM was filed on 02/24/2012 and still waiting for approval. My current H1-B (6 yrs) is expiring on June 03rd , 2012. If my PERM & I-140 is not approved until then, I am thinking to change my status from H1-B to F2 so that I don't have to leave the country. I have already done my Master's from USA earlier and hence I don't want to transfer from H1- F1. Another reason, as soon as my I-140 is approved, I will file for H1-B extension. I have few questions:-

(1) Will H1-F2 and back to H1-B causes any issues in this case?
(2) If I opt for F1 and change to H1-B (once I-140 is approved) without completing my Master's , is the status change from F1- H2 or based on I-140 approval?
(3) If my PERM is pending and I apply for change from H1-B to F2, does PERM process is affected?

Please advise..

Answer
Hi,

You can change from H1B to F2, assuming that your spouse is maintaining her F1 status. Or you can change from H1B to F1; the choice is yours. In any event, you can change from F1 or F2 back to H1B once your I-140 is approved or, alternatively, if your PERM is still pending for one year after filing. The PERM process is not affected by your current visa status in the U.S., as it is independent of your current status: www.h1b1.com/laborcert.htm  

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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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