F2 to H1B-Urgent Help needed

[ashukla79]

Hi,
My wife applied her H1B from India. Meanwhile she entered US on F2 visa. Her H1B go approved in July, 2009 but her I-797 came without an I-94. Her employer has applied for a Change of Status (COS) in November,2009 but we are still to hear anything from USCIS. I have few questions regarding this situation and would be greatly thankful to anyone helping me out.
1. Is it possible that when you apply for COS from F2 to H1B, there is possibility of denial.
2. Can we send a COS is this case for premium processing and if yes then how long does it take.
3. In this case, can a change of status occur while residing inside US or does she has to go outside US and get her H1B stamped.

Thanks a lot
A.

[shervin143]

Answers below.

Hi,
My wife applied her H1B from India. Meanwhile she entered US on F2 visa. Her H1B go approved in July, 2009 but her I-797 came without an I-94. Her employer has applied for a Change of Status (COS) in November,2009 but we are still to hear anything from USCIS. I have few questions regarding this situation and would be greatly thankful to anyone helping me out.
1. Is it possible that when you apply for COS from F2 to H1B, there is possibility of denial.
>>> It won't get denied just because it was a COS from F2.

2. Can we send a COS is this case for premium processing and if yes then how long does it take.
>>> 15 days.

3. In this case, can a change of status occur while residing inside US or does she has to go outside US and get her H1B stamped.
>>> If COS is successful, then you will get a new I-94. No need for stamping. If it gets approved as a consular processing, then you need to get it stamped.


Thanks a lot
A.