I have applied for F-2 Change of Status after my initial H1-B expiry last August as my wife is on F-1 visa. While F-2 COS is pending, I applied for H1-B petition along with F-2 receipt number last November. We upgraded for H1-B premium processing two weeks back and received RFE for both F-2 and H1-B petitions on the same day. As we want to proceed with H1-B, can we revoke the F-2 petition. Will revoking F-2 petition make me ‘out of status’ as my H1-B is still pending.
If not that case, if we respond for H1-B RFE first and get approval, can we revoke my F-2 petition once my H1-B is approved. What are the possible options to proceed only with H1-B petition.
It may not put you out of status as there is no decision on either of them. I am assuming you filed both of these when your I-94 was valid and in proper status. USCIS works on the last action rule, meaning, what ever action that comes last from USCIS is the one that is in effect. You can submit a withdraw letter for your F2 COS, so that the processing is stopped for that and you only pursue the H1B. You need to work with your attorney and do it properly as this is a tricky situation.
Thanks for the inputs. We filed for F-2 COS while my I-94 was valid but H1-B application was filed after I-94 expiry. Not sure if this makes the situation even trickier.
As long as you maintained status properly, when you submitted F2, it should be fine as you were technically maintaining status all along. I suggest you work with your attorney as these are grey areas and they know best way to address these.