If my cap case is selected in the lottery, when will my wife need to file a change of status from F-2 to H-4? What if her F-2 application to change status is not approved until after my employer files my H1B cap case?

Answer

If your wife has already applied (even if not yet approved) for F-2 by the time your employer makes the H1B cap case filing, you can include your wife’s application to change status from F-2 to H-4 with the H1B petition. However, the requested start date for her H-4 status would not be until October 1st, so it is only required that she submit her application for change of status to H-4 prior to October 1st. It may be easier to wait to file for the change to H-4 until after her F-2 approval. In any case, it must be submitted prior to October 1st. (20.Feb.2015)

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