Immigration Issues/Convert F2 to H1B

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Question
Dear Sir,

I am on F1 visa and my wife is on F2 visa. Now a company is going to offer my wife a work so she has to convert F2 to H1B. My questions are:
1. Can she convert F2 to H1B in U.S. without going back to our country during the applying period?
2. When she visits our country after she is no H1B, will she have to interview in U.S.Embassy?

Thank you for your response

Julian Chen

Answer
Julian,
1.  Yes she can convert to H1B provided there are visas available.  At present time Oct 2008 will be the first time available to work unless she finds an exempt employer.
2.  To re-enter the US she will have to have an H visa.
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

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.

Organizations
Member of AILA

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

Awards and Honors
American Jurisprudence Award recipient

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