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Posted on 29 Jul 2010
Q.

H-1B and F-2 application, how to keep in valid status?

I'm holding a nonprofit H1B which will end on 8/27/2010. Because my employer will terminate my employment, I have to apply for F2 to keep me in valid status after 8/27/2010. But another employer will very likely hire me and sponsor me H-1B. The problem is they cannot do the H-1B submission before the expiration of my current H1B.

1. If a new employer hires me after 8/27 and is willing to sponsor a new H-1B while the F-2 petition is still in pending status, can I go to withdraw the F-2 application?

2. If I can sucessfully withdraw the F-2 petition, then will my period staying in US be valid in law from the date of F-2 application to the date of H-1B applcation? (you see in this situation the F-2 petition is canceled)

3. What will be the best solution for my case?

Thank you.

User's Location: Columbus, Ohio, United States of America
Category: H1B Visa (Work Visa)
Posted on 30 Jul 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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