H1-B to F2 to possibly H1-B

Faerine

New Member
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.
 
Your legal status will be preserved as long as a non-immigrant petition has been filed on your behalf, before the current visa expires.
 
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