Am I eligible for a NEW H1B filing when my application for Change of Status from F1-student to F2-dependant is pending?
- I filed for an F2-dependent visa (spouse is F1) when I was still in F1 status.
- It has been over 6 months and I am still waiting for my F2 (I-94 has expired); but I continue to reside in the USA.
- In this period of “limbo”, am I considered eligible for a new H1B filing from a potential cap-exempt employer?
(Please note that I am not asking if I can be eligible for a change of status to H1B. That’s obvious - I will have to wait for the F2 to get approved before I file for a change of status from F2 to H1B).
If I am indeed eligible, and the employer files a new H1B for me, and I do get it; what then of the pending F2? Do I need to contact USCIS and request a cancellation?
Thanks in advance,