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F1 to F2 and the chances of visa approval remaining in the USA
Anonymous3 views1 answers
My OPT started in Jan, 2009 and I am looking for some company which can file H1 but hard luck so far. I just have a month's time left to do so. However, I have an option of changing my F1 visa status to F2 visa since I am engaged and my fiance is also on F1 visa. If I find no company to file my H1 we are planning to get married here in USA and change my status to F2. I want to know what are the chances of getting the visa approval to F2 from F1 remaining in the USA? Do I need to get it stamped for the change of visa and status by traveling outside of USA? What are the chances of F2 visa approval from India if I apply from there?How long before should I start the application from USA?
Once you are married, you should be able to change your status to F-2 without leaving the US, provided that you are maintaining F-1 status at the time you file the change of status (COS). Any COS petition/application requires showing that you are maintaining valid nonimmigrant status at the time of filing. You should file the COS as soon as you know that you need it, especially if there is any chance that you will fall out of F-1 status. You are authorized to remain in the US while the COS is pending, even if your F-1 status ends after the COS filing.
If you prefer, you could leave the US, apply for an F-2 visa at a consulate, and return in F-2 status instead of filing the COS.
There may be other factors that I don't know about that would affect my answer, so please don't take this as formal legal advice.
