Urgent help - Doubts on visa conversion

[meenakshi_1948]

Hi I am on F2 visa. My husband is converting from F1OPT(17 month extension period ends on june 25th 11) to acadameic H1B visa(petition filed on june 6th 11 expediting the process). I got an admission in a school for Master's. So, my husband wish to transfer me directly from F2 to F1 instead of going around with H4 and later F1.
But in April 2011, we have filed for a H1B visa in 2012 quota for me and my application is in process.

1. If we wait till my H1B application result is known with out applying for a F1 and if the result is of my H1B application is negative, would my F2 status be valid then (as my husband would be on H1B by then)?

2. If my F2 is valid, what is the grace period for me to convert my visa to either H4 or F1?

Please advice. Thanks in advance

[shervin143]

1. If we wait till my H1B application result is known with out applying for a F1 and if the result is of my H1B application is negative, would my F2 status be valid then (as my husband would be on H1B by then)?
>>> No, you will be out of status.

2. If my F2 is valid, what is the grace period for me to convert my visa to either H4 or F1?
>>> There is no such grace period. You need to be in a valid status to apply for a COS to any other status. If not, your COS will be denied.

[meenakshi_1948]

Urgent Help - Visa conversion issues

Hi Shervin Thankyou very much for the reply.

After seeing your reply I just want to get clarification on the below question.

1. If I wait for my H1B result and my F2 visa status becomes invalid can I travel back to my home country and directly get my F1 visa stamped for the Spring 2012 semester?

Please advice. Thanks in advance

[shervin143]

1. If I wait for my H1B result and my F2 visa status becomes invalid can I travel back to my home country and directly get my F1 visa stamped for the Spring 2012 semester?
>>> Yes. But if you have accumulated illegal stay or out of status period, then that can impact your future stamping. So in case your H1B petition gets denied, then immediately leave the country and get the F1 (if you decide to study in F1 status) or H4 (I you want to be a dependent) stamped and return back.

[meenakshi_1948]

Doubts on Visa conversion

Hi Shervin Thankyou very much for the reply.
1. In how many days do I have to leave the country if my H1B is denied inorder to be not on illegal status?
2. Through some friends and search on net we came to know that we can apply for multiple change of status but which ever visa's I-94 we recieve last would remain our visa status. After listening to this, we stopped our thought of applying for change of status to F1 visa as we have a chance of losing H1B if we receive F1 I-94 after H1B approval. Would you please confirm whether this rule is correct.
Please advice. Thanks in advance

[shervin143]

1. In how many days do I have to leave the country if my H1B is denied inorder to be not on illegal status?
>>> Immediately. Every date spent in U.S after your I-94 expiry date will be considered as illegal stay.

2. Through some friends and search on net we came to know that we can apply for multiple change of status but which ever visa's I-94 we recieve last would remain our visa status. After listening to this, we stopped our thought of applying for change of status to F1 visa as we have a chance of losing H1B if we receive F1 I-94 after H1B approval. Would you please confirm whether this rule is correct.
>>> That is correct. It is called as the last action rule. Search and read about it.