Hello,
I was in F-1 status until Aug 2nd (including the commonly accepted 60-day grace period). I now have a job offer and the employer applied for H-1B with premium processing (PP). In order to protect my legal status after Aug 2nd until my work visa is approved, I applied for F-1 to F-2 change of status as my husband’s dependent- this application was accepted on Aug 2nd as well. BUT, my husband now has an approved H-1B effective on Aug 19th, therefore he won’t be an F-1 holder beyond that date.
1) According to the “last action rule”, “if approved”, I will eventually have F-2 status since my H-1B with PP will have been processed/in effect much earlier. Is this correct?
2) If my F-2 application is denied because my husband won’t hold an F-1 status after Aug 19th, am I going to be considered out of status for the duration after Aug 2nd (end of grace period) until my H-1B effective date? What would be the consequences?
3) If my F2 is denied, can my already-approved H-1B be revoked by USCIS, too?
Thank you!
I was in F-1 status until Aug 2nd (including the commonly accepted 60-day grace period). I now have a job offer and the employer applied for H-1B with premium processing (PP). In order to protect my legal status after Aug 2nd until my work visa is approved, I applied for F-1 to F-2 change of status as my husband’s dependent- this application was accepted on Aug 2nd as well. BUT, my husband now has an approved H-1B effective on Aug 19th, therefore he won’t be an F-1 holder beyond that date.
1) According to the “last action rule”, “if approved”, I will eventually have F-2 status since my H-1B with PP will have been processed/in effect much earlier. Is this correct?
2) If my F-2 application is denied because my husband won’t hold an F-1 status after Aug 19th, am I going to be considered out of status for the duration after Aug 2nd (end of grace period) until my H-1B effective date? What would be the consequences?
3) If my F2 is denied, can my already-approved H-1B be revoked by USCIS, too?
Thank you!