[roygeetika]

Hi
I came in US in 2006 on F2 visa.In oct 2007,I got H1B visa.But on my passport H1B visa is not stamped,F2 is stamped.
I want to change my status from H1B to F2.So My question is that
a)can I enter on F2 as I have it is valid till 2010?
b)will my H1B become invalid if I enter on F2?
c)will I have to apply for a transfer from H1B to F2 because entering on F2 automatically means that I am now on f2.
Thanks
Geetika

[lawanwadee]

You need to submit form I-539 to change your status from H-1B to F-2.

When you obtain H-1B, most attorneys always advise that you leave and re-enter US in order to have your passport stamped. You can be in USA without stamping till your I-94 expiry date. You cannot stamp your VISA in US if you change your status. Stamping is NOT necessary even your VISA on your passport expired. You are in legal status as long as your I-94 is valid. Your previous F-2 was automatically canceled since the date you obtained H-1B.