I was on F2(expiring on 30th June 2019) and my husband was on F1 (expiring on 30th June 2019) but he got his H1b approved on 7th Jan 2019. Currently, I didn't apply for a change of status to h4 as the employer didn't file the petition for h4 with h1b, of my husband. Is my visa out of status? Also, I have a plan to apply for F1 in the next one month( received admit already waiting for I20). Can I apply for the change of status from F2 to H4 right now and apply for another change of status to F1 during the processing of H4 visa in the US? Or should I wait for a month to receive my I20 and directly apply for the change of status from F2 to F1? Please suggest
You appear to be out of status in that your F-2 is linked to your spouse's F-1 status which no longer exists. If you are no longer in lawful status , you can not change to another non-immigrant status. You should consult with an experienced immigration attorney regarding your options.
Simply apply for F-1 at the Consulate. It is the best option for you.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
Yes, you are out of status. You need to consult with an experienced immigration attorney to explore your options. To find a lawyer, select the "Find a lawyer" link at the top of the page. If money is a concern for you, you can filter the results by lawyers who offer free consultations.
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