H1 to F2 and F2 to H1 again

[rtrt_195]

I lost my job last week (H1B). Employer records will show me as employee till 12/31/08. Then I will start getting severance pay checks for 3 months and they will revoke H1 in Jan. Company lawyer told me that they will revoke the h1 around end of January.

As per my lawyer’s conservative advice - I am going to apply for F2 visa next week as my wife is on F1 (OPT working). As per the current processing time, it will take 6-8 months for F2 to be processed. So I will be in status all the while. But I have couple of interviews lined up in Jan and I am sure that I will get a job at least by Feb end.

A. Will my new employer be ok with sponsoring H1, as I will be in F2 applied status? Does anybody have an experience with this?
B. I am doing all the legal things by applying for F2 visa and not getting a H1 (without a project) through a software consultant, but I don't want to get in stupid situation where other people are getting away with playing the system and I am getting rejected by employers/USCIS for doing the right thing.
C. Once I get a new company to approve H1, I am planning on going to Canada and get my visa stamp so that it will cancel my F2 petition. Will the visa interviewer in Canada be OK with me applying for F2 to stay in status?

Your inputs are highly appreciated.

[txh1b]

a. There is nothing to be not ok about it with the new employer. I have already explained this in your earlier post.
b. No, you will not get rejected for doing the right thing. The worst case scenario would be you needing to go out get a visa stamp and enter if the approval does not come with an attached I-94. You cannot begin working for the new employer upon filing of the petition but wait till it gets approved. Go with Premium.
c. If you qualified for a F2, VO will not have a problem. You are worrying too much about things that you need not be worried about.

[rtrt_195]

Thanks for your response again. I know I am worrying too much, but I hope you understand my predicaments after a job loss. I just don't want to make a hasty decision. Once again thanks and I will definitely post my experience after everything is over for others to benefit.

[rtrt_195]

Question to txh1b

Hi,
After my post last week, I talked to M **** y lawyer for filing I539 (for F2 application) and she provided some info that was contradictory to what other lawyers and this forum is saying. I am hoping that she is not accurate about her suggestion. I will appreciate your help.
She told me that if I apply for F2, I will be in status till they approve my F2. Which is good. But she confused me when she said that if I find a employer to apply for H1B, USCIS will wait on H1B petition till my F2 case is adjudged. and it might take current processing times (8-10 months) for F2. I asked her if I can ask them to cancel my F2 petition along with my new H1 petition, she said they wont cancel that way. What she suggested is I apply for F2, find a new employer, then travel outside the country and ask the employer to file new H1 and do consular processing. She said that way when the new employer files H1, they can tell USCIS that you have abandoned F2 petition by traveling outside the country.
It just doesn't add up. They can always approve my H1 and ask me to get stamping if they feel. I don't understand why will they wait till the F2 get approved or revoked.
I am hoping that the lawyer is not clear about the process. What do you concur. I am sorry for bothering with same questions but when a lawyers are giving contradictory informations, it is far easy to get confused. Please suggest.

[txh1b]

What attorney M urthy suggested is absolutely right and the goes along with what you have learned from this forum as well. As you would be not holding a status during the adjudication of F2, it is only "authorized stay". Hence, USCIS may not approve the H1b prior to F2 COS getting approved. Hence the suggestion of premium process which can get approved without an I-94 forcing you to travel. She was mentioning keeping worse case scenarios in mind.

I am not sure what other lawyers have suggested but Atty M urthy is very detail oriented and her suggestion is worth listening to. Cancelling a petition is a very long process and there is a chance that USCIS will not even look into it for many months.

[rtrt_195]

Thanks a lot.

Thanks a lot. I can not explain how much of help you are providing to me.
Yes, I understand that if I apply for H1 when F2 is pending, they might give me I-797 without I-94 forcing me to travel. Which is ok with me. But what did not make sense to me is her saying that they will not approve H1B at all if I have pending petition. As long as they are approving it with or without I-94, I am ok.

Also, preferably I don't want to travel outside US without an approved H1. If I travel just to revoke my F2 and then ask my employer to apply for H1 which is what Murty is suggesting, my employer might not be ready (and bit uncomfortable to me) for that. What I want to do is apply for H1 while F2 is pending wait 15 days for result and then once I get I797 go to India for stamping.

I know that she is considering worst case scenario, but my worry is employer might not feel very comfortable if I am leaving the country and then they are applying H1B for me. Just my opinion. I am hoping for the best case scenario to happen, but it is the other possibility that makes me nervous.
Thanks a lot. Please let me know if I have misunderstood anything.

[txh1b]

I think the H1b will get approved if you use PP irrespective of F2 being pending. Hence my suggestion. Rest all is personal choice. You don't have many options.

[Vish_29]

F2 to H1 to F2 to H1

Hello,

I will really appreciate you if you clear some of my doubts. My wife came to usa on F2. She got her H1 approved in 2007 in lottery. She did not go for the stamping. She decided to go for stamping now in jan 2009. But her I797 was lost by her employer. However she still went to India as her employer told that she will get a duplicate i797 in a week or two. She submitted a copy of I94 while going back as her original I94 was lost along with I797. Now 1 month is gone and she did not receive duplicate I797 yet. Her F2 is also expired. Is it ok for her to make a new F2? Will she be able to get F2 and come back to USA? Will she be able to get her H1 back again after coming to USA on this F2?

[nm17]

My husband is in the same situation today, that you were in. He has just 15 days left, and he is planning to transfer to F2 because i am on F1. He is hoping to get job once he is on F2, and would convert to H1.

Would you recommend doing that after your experience? Your response will be highly appreciated because we are in a very panic situation.

[h1bf2heml]

I am in the exact same situation! My current employer shut down due to financial reasons and I was the only H1B employer there.

What did you decide to do?

I lost my job last week (H1B). Employer records will show me as employee till 12/31/08. Then I will start getting severance pay checks for 3 months and they will revoke H1 in Jan. Company lawyer told me that they will revoke the h1 around end of January.

As per my lawyer’s conservative advice - I am going to apply for F2 visa next week as my wife is on F1 (OPT working). As per the current processing time, it will take 6-8 months for F2 to be processed. So I will be in status all the while. But I have couple of interviews lined up in Jan and I am sure that I will get a job at least by Feb end.

A. Will my new employer be ok with sponsoring H1, as I will be in F2 applied status? Does anybody have an experience with this?
B. I am doing all the legal things by applying for F2 visa and not getting a H1 (without a project) through a software consultant, but I don't want to get in stupid situation where other people are getting away with playing the system and I am getting rejected by employers/USCIS for doing the right thing.
C. Once I get a new company to approve H1, I am planning on going to Canada and get my visa stamp so that it will cancel my F2 petition. Will the visa interviewer in Canada be OK with me applying for F2 to stay in status?

Your inputs are highly appreciated.

[h1bf2heml]

I am in the exact same situation. Please help!

I am in the exact same situation! My current employer shut down due to financial reasons and I was the only H1B employer there.

What did you decide to do?

My husband is in the same situation today, that you were in. He has just 15 days left, and he is planning to transfer to F2 because i am on F1. He is hoping to get job once he is on F2, and would convert to H1.

Would you recommend doing that after your experience? Your response will be highly appreciated because we are in a very panic situation.