Will apply for H1; now on F1, wife on F2

[ajay d]

I am currently in the USA and have begun employment while on Practical
Training. My employer will begin the H1 proccessing next week.I understand
that I am not required to leave the USA when my H1 is approved, and that
my status will be changed to H1. However, what happens to my wife\'s F2
visa when my status is changed to H1? Is it still okay for her to stay, or
does her F2 become invalid? And, can I apply for her status to be changed to H4 while in the USA even though I don\'t have an H1 stamp? Can my lawyer process her H4 status change along with my H1 paperwork?

Also, my wife may travel abroad, and if my H1 status is approved before
she re-enters, and if she needs an H4 stamp to do so, can she apply for
the H4 stamp even though I dont have a H1 stamp?

Thankyou!

 

[anitya]

very imp, change wife\'s status from F2 to H4 along with your change

 

 

[jaxen]

Yes do the H4 along with H1 ..

With the application to COS under the belt, it is safer to wait for the approval then risk voiding the application by travelling out of US while H4 is pending...

 

[Mustaq Aziz]

send I-539 COS along with I-129

List her on I-539 and she will be granted H-4 status if your H-1 is approved.

Once you loses F-1 status, she loses F-2.