New H1B when F2 pending

Hi all,

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,
Josh

If your H1B gets approved with consular processing, then you will need to exit the US, get the H1B visa stamp and then reenter.

Hi,
Please can you share your experience in the change of status to H1B. Once you obtained the H1B, how did you cancel the pending F2 petition. It will be helpful if you can share more details.
Many thanks.