H1-F2 after layoff...urgent

[AA_User]

I was laid off on June 4th. I did not get any notice before that. Now, I think it might take some time to find a new job. So I was just trying to figure out what options I have. My wife is a full time student doing her PHD (F1) in US. So I am considering changing my status to F2 (dependent on F1). I have a few questions in this regard:

1) If I file for a change of status to F2 and if I get a H1 offer before F2 is processed, what will I have to do?

2) If I am on F2 and I get a H1 offer, will my H1 be considered as transfer from the H1 I previously held?

3) If I am on F2 and an employer files for my H1 I read from other posts on this form that I will have to wait till my H1 is approved (receipt is not enough). How long will it usually take to get H1 approved?

Any other information that might help in my case will be greatly appreciated. it is a bit urgent, so please help me

[arajesh19]

I was laid off on June 4th. I did not get any notice before that. Now, I think it might take some time to find a new job. So I was just trying to figure out what options I have. My wife is a full time student doing her PHD (F1) in US. So I am considering changing my status to F2 (dependent on F1). I have a few questions in this regard:

--- If you have been laid off already, then unfortunately you are currently "out of status" and my best advise would be to leave the US immediately. If you are not planning on doing that, read below.

1) If I file for a change of status to F2 and if I get a H1 offer before F2 is processed, what will I have to do?

--- Your new employer will file for an H1B petition based on the last action rule (which in your case is H1B). You will have to provide your new employer a copy of the F2 receipt as well. Technically speaking in your case the last action rule might not apply as you are currently out of status.

2) If I am on F2 and I get a H1 offer, will my H1 be considered as transfer from the H1 I previously held?

--- The new employer will simply file for a cap-exempt H1B petition with the USCIS. It is not a transfer, rather it is another COS application from F2 to H1B.

3) If I am on F2 and an employer files for my H1 I read from other posts on this form that I will have to wait till my H1 is approved (receipt is not enough). How long will it usually take to get H1 approved?

--- Each case is unique, dependent on several factors. It may range anywhere between 1-3 months for a decision by the USCIS. I am unsure if the new employer, while filing for your F2 to H1B, can do a premium processing. Please wait for other seniors to respond in more detail.

Any other information that might help in my case will be greatly appreciated. it is a bit urgent, so please help me

Seniors, please correct if there is an error.

Good luck
Rajesh

[AA_User]

Thanks for the prompt reply "arajesh19".
I talked to the attorney at the company I was recently layed off and she told me that even though June 4th was my last day my H1 will be revoked after 45days and she also mentioned that USCIS usually oversees gap of 30 days. As you said, the earlier I get a new employer, the better. but in these conditions it might be a little difficult. That's the reason why I am planning to change to F2 so that I am not out of status too long.

And as you said, if it takes 1-3 months for my H1 to be approved (if I am on F2 and find an employer to file H1) I am not allowed to work for those 3 months till I get my H1 approved...right?

Thank you

[arajesh19]

And as you said, if it takes 1-3 months for my H1 to be approved (if I am on F2 and find an employer to file H1) I am not allowed to work for those 3 months till I get my H1 approved...right?

--- Correct. Receipt number is not enough. Approval is required to start working.

Rajesh

[AA_User]

Few more question

If I apply for COS to F2, I heard that it might take from 3-8 months for processing and while the F2 is under process, if I get a job, can I do a H1 transfer? If I can do a H1 transfer, how can I stop my F2 processing?

I really appreciate any suggestions.