H1B to F2 change of status after H1B gets max out


#1

Hi,

I need your urgent help. My H1B VISA is getting max out on 16thJuly’2018 and my PERM is still not approved. Currently DOL is processing MARCH PERM so it may be approved after my H1B gets max out. Now, My wife is studying on F1 so I want to change my status to F2 from 15thJuly’2018.

I have following queries.

Can I stay on H1B to F2 change of status receipt ? or Do I required to maintain a valid status(not expired one) when my COS of F2 application is pending ?If my F2 application is rejected then my stay will be considered as illegal ?Can I extend my H1B (once I140 is approved) using F2 receipt ?My stay on F2 COS receipt cause any issue in my I-140 petition or H1B extension or H1B stamping in future ?I will really appreciate your help if you can answer my above queries as it will help me to take correct decision for my future.

Thanks,

VM


#2

Can I stay on H1B to F2 change of status receipt ? Yes you can stay on change of status receiptor Do I required to maintain a valid status(not expired one) when my COS of F2 application is pending ?This would be great but is not requiredIf my F2 application is rejected then my stay will be considered as illegal ?A grace period is available - 30 daysCan I extend my H1B (once I140 is approved) using F2 receipt ? F-2 receipt is in-status evidence to be provided only if asked. You will use I-140 approval for H1B extension. Is your I-140 in process at this time? You may have further rights in this matter.My stay on F2 COS receipt cause any issue in my I-140 petition or H1B extension or H1B stamping in future ?No


#3

Thanks sshankar for your quick response.

I was confused due to following new rule by USCIS
https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/changing-nonimmigrant-f-or-m-student-status

Can you please clarify that this rule applies to F1 only or F2 spouse as well ?

Thanks,


#4

Good Morning Dr. Shankar,
Hope you are doing well. I really appreciate your help by this forum. It’s really enlightening. I went through the above thread with your response. I am on the same boat in 2019.

My wife’s H1B maxout is on Aug 19. I am in F1, passing out from school on May 10, 2019. I am planning to apply F2 for her. I went through your thread, my doubt was during F2 COS pending stage should she be in valid visa or not ?. Now i understood, it’s not mandatory.My EAD card will be available in June 1st week to work on F1-OPT.

I would like to know,

  1. In between 1 year, is the same rule still applies ?
    2.what is the right time to apply for F2 for her. Is it during my school days which is still 2 months in my hand or after pass-out ?
    3.Except I-539, $370 fee how much cost it would come for F2 ? How much bank security do i need to show for her COS application, if any ?
    4.Any health insurance do i need to show in COS application,if any ?

If you won’t mind,I have a small query on long term perspective. As a PhD holder & university professor, i hope you are the best person to guide me.
She is having 11 years in IT with B.Tech degree in CS. Now she is in family way, expecting in October 2019.

  1. Would it be wise to apply for her F1 COS for Jan 2020 intake in parallel with F2. as near to Scranton where I am living, there is a university named Harrisburg University Of Science & Technology where MS in analytics is available with CPT. Now F1 COS is taking minimum 12 months of processing time.As IT industry is going towards analytics & machine learning, what you suggest ?

Regards,
Jagadish


#5

Congratulations on the soon to be new addition to the family.

  1. In between 1 year, is the same rule still applies ?
    Yes - same rule still applies
    2.what is the right time to apply for F2 for her. Is it during my school days which is still 2 months in my hand or after pass-out ?
    This is debatable. If she was outside country, then applying while you are on OPT would have been appropriate just to show financial support. Since she is already here, you can do this anytime.
    3.Except I-539, $370 fee how much cost it would come for F2 ? How much bank security do i need to show for her COS application, if any ?
    This is the final cost. Bank security is not relevant because she is already here.
    4.Any health insurance do i need to show in COS application,if any ?
    Proof that her healthcare will be covered will be nice. Again, it is not relevant because she is already here.

  2. Would it be wise to apply for her F1 COS for Jan 2020 intake in parallel with F2. as near to Scranton where I am living, there is a university named Harrisburg University Of Science & Technology where MS in analytics is available with CPT. Now F1 COS is taking minimum 12 months of processing time.As IT industry is going towards analytics & machine learning, what you suggest ?

When you examine H1B adjudication tracks in recent years, it appears very important for USCIS to see ‘continuity of pursuit’ meaning that all education and all work held must be part of the same track. Analytics and machine learning are highly future relevant, an F-1 would be appropriate - just be prepared to show how it continues to be a very important part of what she has already done when it comes to employment.


#6

Good Morning Dr. Shankar,
Thanks for the quick response. I really appreciate for the support. Have a great day.

Regards,
Jagadish