a difficult case from F-1 to H-1B application

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wux2

New Member
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 do not need to apply for F2. According to your timing, your new company is going to apply H1B for you during April. Just do this, you will be at H1B pending status after that. 2 thing to look out:
1) H1B quote for this year
2) If you get your H1B earlier than October, what are you going to do? At that time, you are in H1B status but not yet starting the new job, so no pay.
 
Thank you.

Thank you very much. I know that a pending F-2 status is a legitimate reason, but not sure about if I can stay while H-1B is pending.

Yes, you are right, H-1B quote should be one of my big concerns. I am afraid that it would be gone by April. (That is probably why the big firm would insist the job should not start until Oct. 2004. 'Cause the new quote of 2005 is available at Oct)

Originally posted by CP waiting
You do not need to apply for F2. According to your timing, your new company is going to apply H1B for you during April. Just do this, you will be at H1B pending status after that. 2 thing to look out:
1) H1B quote for this year
2) If you get your H1B earlier than October, what are you going to do? At that time, you are in H1B status but not yet starting the new job, so no pay.
Click to expand...
 
Why dont you graduate in summer 04(Aug) or Fall 04 (dec). You can finish up all your course work by may and just dont graduate. Then technically you are still on F1. All that you have to do is register for some simple courses and hang on...You can always discontinue in Oct (even if you are registered )when new quota for H1 starts and its approved. If your I-20 is expiring...then talk to your international advisor or grad office to extend it till summer or fall. Your prof or dept chair can help you by writing a letter to grad office telling you cannot graduate in May 04.
Hope this helps.
 
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