Keiser Soze
New Member
Hi,
My employment on H-1B is scheduled to end in less than 2 weeks, and extending it is not an option. I need to be able to either stay in the U.S. or re-enter for another month or two, while my wife is finishing up her Ph.D. I am debating now whether I should file for change of status to F-2 (and I can still afford to file before my H-1B expires), or leave the country, and undergo regular consular processing.
Change of status involves less hassle, but what concerns me is the fallout of possible rejection. I understand that if the COS application is denied a month or two from now, which will most likely happen long after the end of my existing H-1B employment, the entire period between the end of my H-1B employment and the denial of COS will then be considered as out of status. Does this not mean that when I apply for green card in future, this out of status period will potentially sabotage my application? If so, would undergoing full consular processing be a better option? My understanding is that denial of a visa in a consulate abroad comes with larger risk, but also with much more benign consequences, since in case of denial I will not have a history of illegal presence in the U.S. Is my reasoning correct?
My employment on H-1B is scheduled to end in less than 2 weeks, and extending it is not an option. I need to be able to either stay in the U.S. or re-enter for another month or two, while my wife is finishing up her Ph.D. I am debating now whether I should file for change of status to F-2 (and I can still afford to file before my H-1B expires), or leave the country, and undergo regular consular processing.
Change of status involves less hassle, but what concerns me is the fallout of possible rejection. I understand that if the COS application is denied a month or two from now, which will most likely happen long after the end of my existing H-1B employment, the entire period between the end of my H-1B employment and the denial of COS will then be considered as out of status. Does this not mean that when I apply for green card in future, this out of status period will potentially sabotage my application? If so, would undergoing full consular processing be a better option? My understanding is that denial of a visa in a consulate abroad comes with larger risk, but also with much more benign consequences, since in case of denial I will not have a history of illegal presence in the U.S. Is my reasoning correct?