F2 to H1 to F2

[hvganesh]

Hi,

My husband is a student in F1 status. I filed for H1 from India in May 2008 and got it approved in June 2008. Since I wanted to come to US in August 2008, I got F2 stamping (valid until May 2013) in India and came to the US. I filed for a Change of Status from F2 to H1 in May 2009. The start date for my H1 status was Oct 2009. Since October I have been searching for projects with no luck so far. I am tired of searching for jobs and I want to change the status from H1 to F2 now.

Since I have a valid F2 visa until 2013, is it enough if I just leave the country (may be go to Canada) and come back? Or, do I have to file for a change of status from H1 to F2?

In case I have to file for a change of status, do I need paystubs from October to now file for the change of status?

Thanks for your help.

[shervin143]

Change of status is not possible in your case since you are out of status. Yes, you need paystubs for a successful COS from H1B to F2. Yes, you can re-enter the country with the F2 visa to get back to F2 status. However there is a slight possibility that you may face issues at POE for being out of status on H1B.

Check the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

[hvganesh]

Thanks for your response.

Could you please clarify this - What is the maximum period that one could stay in the country without a job in H1 visa?

Thanks

[shervin143]

0 days as per law.

Thanks for your response.

Could you please clarify this - What is the maximum period that one could stay in the country without a job in H1 visa?

Thanks