I am graduating this coming May with F-1 VISA. I have used my OPT before. Therefore, I am not eligible for the Optional Training. However, my spouse is an F-1 student, therefore, I have an option to change my status to F-2. Now I got an offer starting this Oct. with the firm. (As far as I know, the firm is not flexible in its sponsorship policy and starting date of employment.)
You might already understand my situation now: In order to successfully apply for the H-1B, I should maintain a legal immigration status between the Gap period between my graduation date and the date of my actual employment. (05/04 -10/04)
People suggest me that I should apply the transferring to F-2 status at March during school, and then file the H-1B after I receive the notice of receipt of the F-2 transfer application.
I just find that this is not doable, since I should not have F-2 status during school. Therefore, the timing is very important in the application strategy—I might apply the transfer to F-2 during school, and let the effective date starting right after my graduation. Therefore, my status would be: F-1 (now – March) F-1 and F-2 pending (March- May) F-1, F-2 pending, and H-1B pending (April--May) F-2, H-1B pending (May- Oct.) I am not sure if the timing of getting the approvals is within my personal control. In the meanwhile, I don’t want to affect the process of the application of H-1B.
Do you have any better solution to my case? I need to make a decision. Tks a lot.
You might already understand my situation now: In order to successfully apply for the H-1B, I should maintain a legal immigration status between the Gap period between my graduation date and the date of my actual employment. (05/04 -10/04)
People suggest me that I should apply the transferring to F-2 status at March during school, and then file the H-1B after I receive the notice of receipt of the F-2 transfer application.
I just find that this is not doable, since I should not have F-2 status during school. Therefore, the timing is very important in the application strategy—I might apply the transfer to F-2 during school, and let the effective date starting right after my graduation. Therefore, my status would be: F-1 (now – March) F-1 and F-2 pending (March- May) F-1, F-2 pending, and H-1B pending (April--May) F-2, H-1B pending (May- Oct.) I am not sure if the timing of getting the approvals is within my personal control. In the meanwhile, I don’t want to affect the process of the application of H-1B.
Do you have any better solution to my case? I need to make a decision. Tks a lot.