My Suggestion

It is a difficult situation particularly because there is no clear regulation or precedents about how to handle it. I-539 can not be used to change status from F-2 to H-1. In your case, you should not need to do that because your H-1 has already been approved (assuming it starts from Oct 1.) I would suggest your file a I-539 now with a cover letter specifying that you are apply for F-2 for a limited period, that is starting from the whenever USCIS approve this F-2 application and end at the exact same date as your H-1B(already approved) starts. No one knows how USCIS is going to do deal with this, but I think its worth trying because evenif the refuse such a limited time F-2 application, you can always go to Canada for the H-1B. The uncertainty is that it may take them several months to reply for this application, and by the time you hear from them, you may have already used up your current status. If you want to do it, use a lawyer.

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• Canada vs China -CPG- ♀ (239 bytes) () 04/23/2004 postreply 09:00:05