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What happens to my F-2 visa, if the F-2 to H-1B change of status is unsuccessful?

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by Joe54321, Jan 10, 2017.

  1. Joe54321

    Joe54321 New Member

    I have an F-2 visa (under my wife's F-1) until 2020. I intend to apply for a job, hence needing F-2 to H-1B change of status. If my H-1B application is unsuccessful, do I still have my F-2 status as it is up to 2020?

    Thank you!
  2. newacct

    newacct Well-Known Member

    Status and visa are different. When the change of status takes effect, obviously you will be H1b status and not F2 status anymore. Your F2 visa remains valid but that has nothing to do with your status. If you leave and re-enter, and you have a valid I-20, you can re-enter into F2 status, but you don't want to do that. To re-enter into H1b status, you will need to get an H1b visa while you are abroad.
  3. Joe54321

    Joe54321 New Member

    Thanks for clarifying the difference between status and visa.
    From that, I suppose I can assume that in the event of my application for H-1B is unsuccessful, my F-2 status (and also my F-2 visa stamp obtained upon entry previously) will still stand as it is until 2020?
  4. newacct

    newacct Well-Known Member

    Sorry I misread the original question. Yes, you remain in F-2 status. F-2 are admitted for D/S on their I-94, which means it lasts indefinitely, as long as the F-1 is attending school in good standing and you have a valid I-20. The visa's expiration is irrelevant.
  5. Joe54321

    Joe54321 New Member

    Thank you!

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