F2 to H4 convirsion

Submitted by prashant27 on Sun, 04/05/2009 - 14:18

Posted in

MA Immigration Law Questions and Answers

Hi
I am in USA on F1 status. My future employer filed my H1B on this 1st April 2009. I will start working for my employer in June 2009. My wife applied for F2 Visa in India and her F2 Visa was approved.She was not in USA at the time of me filing for H1B so her name could not be included in H4 petition. She is coming to USA in late april 2009. My question is regarding My wife F2 to H4 status conversion.
If I get H1B this time then I will be on H1 from this October 1st 2009. In that case my employer told me they will file for my wife change of status (from F2 to H4) after October 1st 2009. My question is if they file for her status change after or on October 1st 2009 then my wife will loose F2 status from that day (as my H1B will start on October 1st). Then what will be her status for the time when her F2 is expired and H4 is not approved. Can she stay in USA in that period. If she stays in USA in that time then will it have any adverse affect on our green card filing or on any other legal aspect. Also since my H1B is applied under premium processing I am expecting approval or rejection notice soon. Can I file for her chage of status from F2 to H4 before 1st october 2009 based on approval notice. Kindly let me know

Thanks and regards
Prashant

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