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F2 to "H1B Transfer"

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  • F2 to "H1B Transfer"

    Hi,

    My wife had her H1B approved in 2007 and I have a F1 visa since 2007. Her position was terminated in 2010 and she transferred to F2 visa as my dependent. Since 2012 she's been in India and is coming back to US by the end of this month on F2. Now an employer is willing to sponsor her H1B visa again, to start from August 1. My questions are:

    1. Can she file a COS from F2 to H1B, after she reaches US?
    2. Can she start working as soon as she receives the receipt?
    3. Does she need to get H1B visa stamped before she can start working?
    4. Can she opt for premium processing?

    Any help would be much appreciated.

  • #2
    Originally posted by arpanbabi View Post
    Hi,

    My wife had her H1B approved in 2007 and I have a F1 visa since 2007. Her position was terminated in 2010 and she transferred to F2 visa as my dependent. Since 2012 she's been in India and is coming back to US by the end of this month on F2. Now an employer is willing to sponsor her H1B visa again, to start from August 1. My questions are:

    1. Can she file a COS from F2 to H1B, after she reaches US? -- Yes
    2. Can she start working as soon as she receives the receipt? -- No
    3. Does she need to get H1B visa stamped before she can start working? -- No, but she needs the petition approved with change of status
    4. Can she opt for premium processing? -- Yes

    Any help would be much appreciated.
    See above.
    This is my opinion and not legal advice.

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    • #3
      Thanks a lot.

      Comment

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