Hi,
I have been laid off. My wife is on F1 visa. And I am planning to go to F2 status until I get another job, at which point I will convert to H1B status. I asked two lawyers and they both had different opinions as follows:
First Lawyer: I cannot go from H1B to F2 visa, because I had filed for my labor condition application for green card process. It means LC indicates immigrant intent and F2 indicates non-immigrant intent. So F2 cannot be done
Second lawyer: It should be fine, since the green card processing is still in first stage. Only second and third stages cause such problems.
I am confused which one is correct. Please respond if you have any idea. It is really urgent. Thanks a lot!
I have been laid off. My wife is on F1 visa. And I am planning to go to F2 status until I get another job, at which point I will convert to H1B status. I asked two lawyers and they both had different opinions as follows:
First Lawyer: I cannot go from H1B to F2 visa, because I had filed for my labor condition application for green card process. It means LC indicates immigrant intent and F2 indicates non-immigrant intent. So F2 cannot be done
Second lawyer: It should be fine, since the green card processing is still in first stage. Only second and third stages cause such problems.
I am confused which one is correct. Please respond if you have any idea. It is really urgent. Thanks a lot!