Question on changing H1Bvisa to F2

[choice2012]

I got pink slip last week, with 2 months severance pay. HR tells me they will intimate USCIS by end of November.

I believe, USCIS will get to my file in 2 or 3 months time. Please correct me if i am wrong.

My severane pay is bi weekly for 2 months, but payslip will show "severance pay" as compared to "pay" during working days and hrs column will be left blank. In earlier paystubs, 40 was printed under hrs . Can i use these paystubs for changing the employer.


In the meantime i am thinking to change my status to F2 visa, my spouse will get paid as an intern from jan 2012.

International center will give F2 I20 in a week.

For COS to F2 i need to provide financial statements with enough balance, so can i include my 401k balance as a means of our financial support.


Any quick guidance is greatly appreciated.

Thanks for your time

[kabkaba]

Normally immediately available funds such as savings, checking or CD/FD are required. Also, try to efile the application so that receipt date is before your last day of work.

[choice2012]

My last day at work was last friday.

For switching to F2 visa, Plz confirm that i cannot use 401k savings as a proof for finanical support.

HR will report USCIS only this month end, so how long does immigra take to get to my file.

[kabkaba]

They may or may not accept 401k statements. But general guideline has always been immediately available funds only.
Also, USCIS may or may not ignore the out of status period after last day of work. They have been known to send RFE asking about last day of work, sometimes they don't ask and go by the last paystub. It all depends.
Being F2, even leaving the US and applying for F2 Visa is not safe as it requires non-immigrant intent.
I will advise eFiling I-539 asap and then wait and watch.

[choice2012]

If i apply for COS to F2, how long does it take to get a result.

[shervin143]

2-3 months.

If i apply for COS to F2, how long does it take to get a result.

[choice2012]

Query on changing H1Bvisa to F2 and back to H1B

Thanks for all senior member responses.

I have efiled I539 to F2 from H1B.. and received receipt no, my case is in initial review.

While my COS is in processing stage, if i get any new employment opportunities can i use my old H1B receipt no inorder to transfer my H1B work permit.

or will i fall in new CAP

Then, how can i cancel my F2 pending COS.

[kabkaba]

Another employer can file using your previous cap.
However, you will then have to withdraw the I-539. I am not sure if you will be able to work on receipt in case I-539 is pending at the time H1 is filed.
If I-539 is approved at that time, you will be in F2 status and then you will not be able to work on receipt for sure.

[choice2012]

What is the procedure to withdraw my I539 application

[kabkaba]

Write a plain paper letter requesting withdrawal.

[choice2012]

Assuming it takes 2-3 months for my F2 COS to get approved,
Current employer A will revoke my petition by end of November, 2011
In February if i get a new employment opportunity, do i fall in new CAP

I am just trying to understand all options i have left with...

[shervin143]

You can use the CAP from the previous H1B petition if you haven't used all 6 years in that CAP (H1B + L1 combined).

Assuming it takes 2-3 months for my F2 COS to get approved,
Current employer A will revoke my petition by end of November, 2011
In February if i get a new employment opportunity, do i fall in new CAP

I am just trying to understand all options i have left with...