I am at F2 that expires in July, i am filing H1B this year, will this create a problem in H1B approval?

Asked over 1 year ago - Naperville, IL

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.

Attorney answers (2)

  1. Stephen D. Berman

    Contributor Level 20

    Answered . Your husband's status should have no impact on your request for an H1b.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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