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

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.

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Attorney answers 2


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

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.


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 attorney to discuss your individual case.