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H1 Status to F2 Dependent Status

San Jose, CA |

Currently i am in H1 status where my PERM is inprocess and applied after 365 days i.e March 2013 and my 6 Years completing in Dec 12 2013. Still my perm is in process and dont the the status, in case if there is any audit , Can I convert from h1 to f2 where my wife is F1 status and working and when can I start . Do I need to apply before my H1 expiry i.e dec 12 2013.

Can I staty in F2 till March 2014 and then apply for H1 Extension. Please suggest me when I have convert to F2 and other options. Wht is the attorney fees to take care of this.

Attorney Answers 4


  1. You really need to discuss this with your employer's immigration attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Yes, you can apply for a change of status to F-2, but need to do so before your H-1B status expires. For more information contact me by phone, and I'll be happy to discuss it with you.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You can only change status while you are in status. So you would need to file for the change to F2 before your H expires. Consult an attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. You can change status to F-2, but you cannot apply for H-1B extension in March.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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