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F2 Pending and the new H1B application filed
Anonymous3 views3 answers
I lost my job last year. So I applied for the change of status from H1B to F2 (my wife is a student on F1). Now I got a job and a new H1B was filed, but the F2 case is still pending. I received a RFE for F2 approval notice for the new H1B application today. My questions are the following:
1, Can I start working after I receive the receipt notice for the new H1B application? If not, why?
2, How can I expedite the pending F2 case?
3, Can I leave the US, and re-enter the US by applying for a F2 visa?
4, Can I leave the US, and re-enter the US by applying for a new H1B visa?
5, What else can I do to get the new H1B as soon as possible?
Thanks a lot.
1. No, because you are no longer in H-1B status.
2. You cannot on the facts you give.
3. Yes, if your spouse is maintaining valid F-1 status.
4. Only if the new H-1b petition has been approved.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
This is complicated.
Talk to an attorney about withdrawing the COS to F-2 and an expedite to H-1B.
DO NOT START WORKING until after you have gotten the proper approval
