query-change from F2 to H1

D

divya19

New Member
Hi,
I am getting married in the month of May and my fiance is in US on an F1 visa.
I am interested in working in US and an employer in US is ready to apply H1 for me in this year's quota.But H1 visa comes into effect only from Oct 1st 2008.

1.Can i apply for an F2 visa in the month of June 2008 and come to US and then get my visa status changed?
2.When and where should i submit the documents once i get the H1-B petition approval notice issued from INS?
3. In my application for H1 i have not mentioned about my intention to apply for F2. Could this cause any problem? Would it still be considered as a change of status?
3.Should i mention the fact that i have already applied for an H1 visa when i go for the F2 visa interview?
4. Will i have to go to India compulsorily to convert to H1 status after Oct 2008?

Thanks
Divya
 
Divya,

You can change your status from F2 to H1B while you are in the United States. I am not sure I understand your second question - once you receive your approval notice you should be already considered under the new, H1B, status.

The H1B visa is a dual-intent visa, meaning that you do not have to indicate that you plan to return to your home upon completion of your spouse's studies, etc. Thus, the fact that you are applying for H1B should not affect your F2 status and vice versa. Thus, if asked at the F2 visa interview, you should not hide the fact that you have applied for a H1B visa - telling the consular officer otherwise may have negative consequences for both of your visa applications.
 
Hi Divya,
My fiancee is having the same issue as yours. Please let me know if u get any information regarding this. My fiancee and myself are getting married in June and plan to go for the F-2 visa interview for her in June. In the meantime, if her H-1 petition is approved, is there any issues related to this. Let me know if you find any useful information.
Thanks a lot.
 
to divya....

Dear Divya,
I assume, u ahve completed your f2 interview.....can u please tell ur f2 viswa experiences..since i am also planning for F2 this month end...please help...rashmi.yprasad@gmail.com
:confused:
 
to laborvisalaw

Hi laborvisalaw ,
I am also in similar situation as Divya, i had applied for H1 in 2007, and got it rejected wen i went for stamping(dude to employer docs), but now i want to apply for F2 since my husband is on F1....also after going there i want to get the H1(the rejected one) transferred to a different employer.......
1. Will there be a problem when i apply for change of status in US from f2 to H1....??
2. After how many days after reaching US can i apply for change of status.

Please suggest.
Thanks.
 
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