H1B to F2 transfer .... help needed badly

[koneru44]

Hi ,

I applied for h1b through an consultancy in April 2008 and got approved and was officially on it from OCT 2008. I didn't get my stamping done as I haven't been out of country. I worked from DEC till JAN 2009 and now i don't have any project on hand. i worked while in OPT during 2007-2008. So now Iam thinking to change my status to F2 as my husband was on F1 (PhD w/ funding ) .

Can you please let me know whats the process for changing from h1 to f2 and what are the very important steps for me take immediately so that i dont fall out of status.

Will there be any problems as iam kind of out of status now. ( coz i don't have any pay stubs for the last6months !)

Can this change of status work for me by staying within the US.

Is there anything that can make my employer(consultany) to create problems.

How long it takes for COS and mean while what will be my status ?

Do I need to go back to my home country,India to get F2 visa stamping done ?


Iam sorry to bug you w/ lot of questions .. but can't help it .. i desperately need help .. hope you can understand .

Thanks in advance

[txh1b]

Hi ,

1.Can you please let me know whats the process for changing from h1 to f2 and what are the very important steps for me take immediately so that i dont fall out of status.

2.Will there be any problems as iam kind of out of status now. ( coz i don't have any pay stubs for the last6months !)

3.Can this change of status work for me by staying within the US.

4.Is there anything that can make my employer(consultany) to create problems.

5.How long it takes for COS and mean while what will be my status ?

6.Do I need to go back to my home country,India to get F2 visa stamping done ?

1. You are already out of status. Not getting paid on H1b puts one out of status and is illegal. The employer is required to pay you all the time on H1b. Complain to DOL using a WH4 form and get paid. That is the LAW.
2. You are NOT "kind of" out of status. Your REALLY are out of status.
3. It may not work for you as you are out of status.
4. Employer must pay a H1b holder all the time.
5. You are not eligible for COS as you are already out of status. In general for a person that is in status, it could take 2-6 months.
6. Yes

[koneru44]

H1B to F2 transfer .... help needed badly

Hi,

Thanks a lot for the reply.
After knowing my status I was worried. Can you please suggest me any possible options , b'coz I want to stay here with my husband as we are expecting a baby.

Can I now go to India and come back on F2 visa ? If so will that automatically cancel my H1 or is there any thing to be done for my employers end. ( i didn't get H1 stamping done )

By doing so will I be questioned about my H1 and staying here in US for 6 months out of status.



I appreciate your help .Thanks once again for your reply.
Thanks in advance.