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H1B to F2 or H1B to H4 and back
Hello
I am on F1-OPT and will file academic H1b either on Dec. 22 (before christmas break) or after holidays. My husband (on H1B for past two years and thus already through the cap) will no longer be on his status in a few weeks. I want to switch him on a dependent but I wonder if F2 or H4 switching is beneficial for his future employment prospects.
Now,
1. I read online that applying for COS to F2 for him while I apply for H1b will put him in an awkward situation where his H4 petition (or hopefully H1b with a new employer in a few months) will then be stuck in F2 approval process. My gut feeling is that it is best to directly apply for an H4 status with my H1b application even if it takes the holidays to go through. Please advice.
2. He already qualified for the cap in his H1b. If he gets on my H4 and then finds employment, and his new employer files for an H1b, does he have to wait till my H1 and his H4 have been approved? Can I avoid this waiting period by using premium processing?
3. Any other hiccups I should be aware of.
I am on F1-OPT and will file academic H1b either on Dec. 22 (before christmas break) or after holidays. My husband (on H1B for past two years and thus already through the cap) will no longer be on his status in a few weeks. I want to switch him on a dependent but I wonder if F2 or H4 switching is beneficial for his future employment prospects.
Now,
1. I read online that applying for COS to F2 for him while I apply for H1b will put him in an awkward situation where his H4 petition (or hopefully H1b with a new employer in a few months) will then be stuck in F2 approval process. My gut feeling is that it is best to directly apply for an H4 status with my H1b application even if it takes the holidays to go through. Please advice.
2. He already qualified for the cap in his H1b. If he gets on my H4 and then finds employment, and his new employer files for an H1b, does he have to wait till my H1 and his H4 have been approved? Can I avoid this waiting period by using premium processing?
3. Any other hiccups I should be aware of.
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