I am filing for H1B this year as F2 visa holder however my F2 will be expiring in July. My husband was on H1B prior to his F1 and his 6 years of H1B are almost finished( left with few months), he is not eligible for cap-gap so can not have an extension on F1 and i can not get extension on F2 either. Will there be a problem in getting H1B approvel due to this? What should i do to increase the chances of H1B approvel.
The change of status portion of the petition cannot be approved and you will need to obtain an H-1b visa stamp abroad AFTER the petition is approved AND before you can begin work.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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