Hello,
I am presently in H1-B status (university job, outside of cap), but am in the process of leaving my job because of my husband's new job and relocation. He is in F1 status, staring a new job on F1 OPT. I probably have something like 2 weeks left on my H1-B at this point. We were planning for me to change status to F2, but we noticed that the processing times are quite long (4-5 months). What happens if we submit a "change of status" application while I am still in H1-B and then the H1-B expires, but the F2 approval has not come through yet? Would I be legal in the U.S., in such a case? What would my status be? To complicate it further, what happens if I find a new job while I am in this situation? I am looking into university jobs, where H1-Bs are outside the cap, so a new petition this year is possible. It is possible that, for example, I start an H1-B to F2 next week, then find a new job two weeks from then, and start a new H1-B petition. Can I really start a new H1-B petition, however, if my status at that time is "inbetween"? Would that be legal, and what exact status would I be changing from to the new H1-B? Also, what would happen to the H1-B to F2 petition that would have been filed before that -- would I need to abandon it formally?
Also, if we start an H1-B to F2 petition, can we go to Canada or elsewhere to apply for an F2 visa at a U.S. consulate before the "change of status" approval has come through? Will the "change of status" be automatically abandoned if I leave the country, and what status would I have had between H1-B expiration (with H1-B to F2 petition started before H1-B expiration) and leaving the country?
I would like everything to be legal and proper. Advice, as well as links to official resources that possibly clarify the situation, will be much appreciated.
I am presently in H1-B status (university job, outside of cap), but am in the process of leaving my job because of my husband's new job and relocation. He is in F1 status, staring a new job on F1 OPT. I probably have something like 2 weeks left on my H1-B at this point. We were planning for me to change status to F2, but we noticed that the processing times are quite long (4-5 months). What happens if we submit a "change of status" application while I am still in H1-B and then the H1-B expires, but the F2 approval has not come through yet? Would I be legal in the U.S., in such a case? What would my status be? To complicate it further, what happens if I find a new job while I am in this situation? I am looking into university jobs, where H1-Bs are outside the cap, so a new petition this year is possible. It is possible that, for example, I start an H1-B to F2 next week, then find a new job two weeks from then, and start a new H1-B petition. Can I really start a new H1-B petition, however, if my status at that time is "inbetween"? Would that be legal, and what exact status would I be changing from to the new H1-B? Also, what would happen to the H1-B to F2 petition that would have been filed before that -- would I need to abandon it formally?
Also, if we start an H1-B to F2 petition, can we go to Canada or elsewhere to apply for an F2 visa at a U.S. consulate before the "change of status" approval has come through? Will the "change of status" be automatically abandoned if I leave the country, and what status would I have had between H1-B expiration (with H1-B to F2 petition started before H1-B expiration) and leaving the country?
I would like everything to be legal and proper. Advice, as well as links to official resources that possibly clarify the situation, will be much appreciated.