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Immigration Issues/Returning to H1B Visa from F2 Visa

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Question
Hi,

I am on H1B visa, currently in US working for an IT firm. I am planning to take a long (6 months or so) break from work due to personal reasons. My husband is on F1 visa (soon joining work on OPT). I have some questions regarding my visa status:

1) I understand that I can move to F2 status to maintain valid status and stay with him in US. However, will this nullify my H1B visa? My current I-797 is valid till Oct 2014.
2) Once I move to F2 status, can I return to H1B status after the 6 months and return to work? Will a change of status work? Will my H1B still be valid then for the change of status?

Thanks a lot for your help!
Vinitha

Answer
Hi,

As you can hold only one immigration status at a time in the U.S., if you are granted change of status to F2 status by the USCIS, you will no longer be in H1B status.

However, you can change status from F2 to H1B status again by departing and then entering the U.S. on an unexpired H1B visa stamp in your passport. Alternatively, the H1B employer can file another H1B petition with the USCIS requesting change of status from F2 to H1B.

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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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