F2/F1 TO H1B WHILE ALREADY APPLIED FOR COS F2-F1

Hi,

This might be tricky and please help me in answering my below questions/doubts…

  1. I have recently applied for the Change of Status (COS) from F2 - F1 in Dec 2016 and got my receipt number…As of March ending, if I did not get the COS (F2 - F1) approval…Will I still be able to apply for the H1B visa? If yes, how can I go about it?

  2. My wife’s visa status is until 2020 but her I-20 will be expired in the month of January (currently, she left to India with our infant child and she may not return until next six months)…so I have applied for COS from F2 to F1. If I can apply for H1B on what status or basis should I be applying? (as I have already applied the COS from F2 - F1 and if I do not get the approval by March end how can I file my H1B)

  3. If I get my COS (F2 - F1) approval by March then can I apply for H1B by showing that F1 status (I-20)? (I already have a Master’s degree from UK and also have 6+ years of experience…just to keep my status alive here in USA I have applied the COS from F2 - F1)

Please answer the above questions to the best of your knowledge and help me in this situation…

Thanks,


ANI