Immigration Issues/F2 to H1B


Hi Robert,
I am presently holding an H1B approval but planning to switch to F2. Is it true that if I get another sponsoring for H1 then I can convert to H1B without visa cap applied to me for a year. If that is correct; then technically if I am in F2 and I get a job offer and I premium process my H1B then I can start working when H1B is approved ( 7 to 10 days in case of Premium ).
Please advice

If you do not work a day for the H-1 employer that you now have an approval, your new H-1 is subject to the cap. You should work for H-1 employer and then do transfer H-1 when you are ready to work for new employer and forget about F-2. There is no advantage to F-2 - you cant work and your H-1 petition is then new employemnt that is subject to the cap.



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Robert Hollander<B> Esq.</B>



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