Applying for H1b while i am conversion of F2 to F1 is on process.

USA H1B Visa
1

Hello ,

I am on F1 visa and i have submitted request for my wife to convert form F2 to F1. Technically she will be still on process of conversion as of Aprl 1st 2015 . Now i am planning for applying H1b to my wife on F2 visa. Is it ok , that i can apply a H1b on the F2 visa while the F2 to F1 is already in process with USCIS?

Thanks

Charan

2

Charan,

As long as a conversion request is in process, there is nothing to worry about. It does not matter if her F2 to F1 is in process while your F1 to H1 is in process. They are not linked.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu; sshankarATchu.edu

3

I believe you misinterpreted the question :
both status conversions are for my wife. We applied from F2 to F1 already and when i do H1, i have to apply for her again on F2 status.
If she gets F2 to F1 processed before H1 applied as F2 gets picked on lottery, Then what would USCIS approach her case?

4

If you are F-1, she can apply for F-1 or stay on F-2. If you move to H-1B, she cannot stay on or apply for F-2; her choice would be an H-4 dependent on your visa status or F-1 independent of your visa status. USCIS looks at dependent visas in terms of primary (your) status and takes a decision. Did I answer your question?

5

I am not talking about mine sir!
Both the visa conversions are for her only!
we have already applied for F2 to F1 for my wife. April i want to do H1 for her, at that time her visa status would be still F2 as USCIS takes three months to process. My Question is if ,USCIS picks her application up in the lottery - How will they approach her application if her F2 to F1 is processed successfully at the time of H1 Processing?

6

The 2 applications move through different pathways. They pose no conflict with one another.