Hello,
I needed some urgent advice on Change of Status from F2 to H1B and back.
I came to the USA in March 2014 on F2 visa (my husband completed his graduation in 2015 and is currently working on OPT). My employer had applied for my H1B Visa this year 2015 which was approved on 2nd Nov 2015. However, due to some changes in the client requirements the employer has decided to revoke my application, without me joining the job even for a day. While applying for my visa , the employer had filed for change of status from F2 to H1B simultaneously. Now,I have the below queries :
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Since my H1B petition has been approved, has my status already changed from F2 to H1B ?
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As soon as my employer applies for revocation of my application, and it gets approved , will I get out of status ?
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Do I need to apply for change of status from H1B to F2 , even though I haven’t started working at all?
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If I need to apply for Change of status from H1B to F2 , I have heard that pay stubs are required for its application. Since I haven’t started working, I will not have any pay stubs available. What will happen in that case ?
5.Is there any way I can find out my current immigration status? I read somewhere that you are not on H1B until you start working. Is that true?
My employer consulted their attorney regarding this and told me that if I have a valid SEVIS Id for F2 still active, I don’t need to apply for a change of status as I will still remain on F2 when the H1B is revoked. Is this correct ?
I will appreciate your guidance as soon as possible.
Thanks.