F2 to H1 status change

[sampita4H1B]

Hi all,

If I have approved H1 visa petition and I go back to India, can I come back in USA under F2 visa and apply for status change from F2 to H1 ? Is the process too much complicated?

[shervin143]

Yes, you can do that provided your spouse is still maintaining a valid F1 status. However, if you return back in F2 visa, you cannot work until the COS to H1B gets approved.

[sampita4H1B]

Thanks for your reply

[sampita4H1B]

When I filed the H1 I was in L1 status. I filed it through some consultancy firm. But my project in US has ended and I have to return back to India.
Will it be more difficult to transfer the status from F2 to H1 than L1 to H1?
What is the approximate chance that my F2 to H1 COS will be accepted?

Any comment will be appreciated.

[sampita4H1B]

Also please let me know if there is any problem of getting F2 visa if I have a approved H1 petition.

[kabkaba]

For F2 you are required to show non-immigrant intent. You need convincing and truthful answers to questions like 'what are your plans after your spouse completes studies, what will you do while in the US' etc. In general there is always a small risk in F2 application. But F2 denial for immigrant intent will not negatively affect your H1 or H4 or L1 application.
For COS to H1 your employer will need to show that they have legitimate business, job and have a project waiting for you (in case of consulting job).