H1 to F2 to H1

[simplyshree]

I am working on H1 for last 10months.I had come on L1B visa and switched over to H1B with COS from Oct 2008. My spouse is studying here on F1 visa. I play to goto India soon for stamping. Incase my stamping is not done on time what are the options I have?

Can I come to USA on F2 and then switch over to H1. Will my current H1 be valid or do I have to go through the Cap again and file in Apr 2010?

[simplyshree]

I am working on H1 for last 10months.I had come on L1B visa and switched over to H1B with COS from Oct 2008. My spouse is studying here on F1 visa. I play to goto India soon for stamping. Incase my stamping is not done on time what are the options I have?

Can I come to USA on F2 and then switch over to H1. Will my current H1 be valid or do I have to go through the Cap again and file in Apr 2010?

TxH1b i would really appreciate your views on this.

[txh1b]

Your H1b remains valid. Do you have a F2 stamp? Entering on F2 with an intent to change status may be considered fraud if the COS is applied within 90 days of entry.

[simplyshree]

Your H1b remains valid. Do you have a F2 stamp? Entering on F2 with an intent to change status may be considered fraud if the COS is applied within 90 days of entry.

No I am just exploring this option in case my H1 stamping faces any issue.
So this is my plan

1. Goto india for H1 stamping. IF successful then no problems.
2. Else go to consulate for F2 stamping. Will it cause any problem? Will the VO know that I already have H1 but still want F2? Will my F2 be rejected bcoz of H1 stamping problem?
3. Suppose my F2 is stamped and I come back to USA on that. Can I apply for COS from F2 to H1 after 3 months? What all documents will USCIS look for in that conversion?

[txh1b]

COS to H1 is possible and the documents remain the usual H1b documents. Employer has to apply for it though on form I129.

[simplyshree]

COS to H1 is possible and the documents remain the usual H1b documents. Employer has to apply for it though on form I129.

Thanks TxH1B for the clarification. I have one more query.
When my H1B stamping is denied in India and my employer cancels my H1b here what will happen in that case? Can i transfer the same H1B to a new employer or do I have to join my employeer who held my H1b?

[simplyshree]

Thanks TxH1B for the clarification. I have one more query.
When my H1B stamping is denied in India and my employer cancels my H1b here what will happen in that case? Can i transfer the same H1B to a new employer or do I have to join my employeer who held my H1b?

TxH1b can you please throw some light on this.thanks

[txh1b]

Please read the FAQ. It is answered there. Remainder option.