I am on H1B extension beyond six years based on an approved I-140. I might get laid off next month. My wife is on F-1 (OPT). Can I change my status to F-2? Can I revert to H1B status once I find a new employer?

Answer

It is possible to request a change of status to F-2 from H1B. The request may or may not be granted because of immigrant intent, but it can be requested, and a person would be legally in the U.S. based upon such a filing. It would be possible to go back to H1B after finding a new employer – as long as the I-140 is still in place to qualify you for more time. (02.Jun.2014)

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