Immigration Issues/H1B Change of Status

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Question
Hi Ajay ,
In a previous answer to my question you had stated :
"The person can change status from F-2 to H-1B without worrying about the visa cap if he or she left the previous H-1B employer no more than one year before filing again for H-1B."

So if I am understanding you correctly that if a person who has changed from H1B to F2 and within a year gets an employer ready to sponsor H1B.
Then they can start work as soon as the new employer files for the H1B and not wait till the benefiacry receives the H1B ( in case of premium processing that would be 7-10 days). And also the conversion from F2 to H1B status change will not require the perosn to leave the country to fulfill the status change?
Thank you  

Answer
Hi Shyam,

You should wait until H-1B is approved before starting work for the H-1B employer (since the H-1B portability rules do not apply if changing status from one nonimmigrant status to another).

Since you will be granted change of status, there is no need to leave the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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