Bulent Biyikogl

Hello,

I was layed off six months ago, and still haven't changed my status to F2 (my wife is
a student). My company hasn't notified the INS, and my I-94 is valid till March 2003.
If I apply for an H1->F2 status change in the US, would that be accepted? I was
advised that I should go back to my home country and appy for a F2 there. Is that a
better alternative?

Any advice would greatly appreciated,

Thanks,

Bulent

Michael E. Pist

Chances are not good that a change of status from H-1B to F-2 would be approved if
you were laid off over 6 months ago. You are out of status the moment you are laid
off, and although the INS sometimes overlooks short periods of time out of status in
adjudicating change of status applications, ignoring 6 months is almost too much to
hope for. You could however apply for an F-2 visa at a U.S. consulate in your home
country or any other country you could get into. However, at that time you will have
to prove that you intend to abide by the terms of your new visa and not try to
immigrate to the U.S. I'm sure the consulate will be very interested to know why you
remained in the U.S. for 6 months after being laid off, and will take that into
consideration in determining whether you can be trusted to maintain the terms of the
next visa you are granted.

Michael E. Piston Attorney at Law 4000 Livernois Troy, MI 48098
248/680-0600

My comments are based upon my 17 years of full time experience in the field of
immigration law. INS officers or other attorneys my disagree. It is not legal advice
and I am not your attorney. Feel free to e-mail me if you require clarification or
have further questions.

"Bulent Biyikoglu" <[email protected]> wrote in message
news:<[email protected]>...
    > Hello,
    >
    > I was layed off six months ago, and still haven't changed my status to F2 (my wife
    > is a student). My company hasn't notified the INS, and my I-94 is valid till March
    > 2003. If I apply for an H1->F2 status change in the US, would that be accepted? I
    > was advised that I should go back to my home country and appy for a F2 there. Is
    > that a better alternative?
    >
    > Any advice would greatly appreciated,
    >
    > Thanks,
    >
    > Bulent

Bulent Biyikogl

Thank you very much Michael. Well actually that's what I decided to do, I mean
applying in my home country. Since it's now imposibble for me to find another job
here, I'll fly back home in 2 months, finish my military service, and then start my
own company in Turkey. I hope they'd accept my F2 application, since the sole reason
why I'm in the US is to be with my wife, and I have sufficient financial support to
stay in the US.

Thanks again,

Bulent Biyikoglu

"Michael E. Piston" <[email protected]> wrote in message
news:[email protected]...
    > Chances are not good that a change of status from H-1B to F-2 would be approved if
    > you were laid off over 6 months ago. You are out of status the moment you are laid
    > off, and although the INS sometimes overlooks short periods of time out of status
    > in adjudicating change of status applications, ignoring 6 months is almost too much
    > to hope for. You could however apply for an F-2 visa at a U.S. consulate in your
    > home country or any other country you could get into. However, at that time you
    > will have to prove that you intend to abide by the terms of your new visa and not
    > try to immigrate to the U.S. I'm sure the consulate will be very interested to know
    > why you remained in the U.S. for 6 months after being laid off, and will take that
    > into consideration in determining whether you can be trusted to maintain the terms
    > of the next visa you are granted.
    >
    > Michael E. Piston Attorney at Law 4000 Livernois Troy, MI 48098
    > 248/680-0600
    >
    > My comments are based upon my 17 years of full time experience in the field of
    > immigration law. INS officers or other attorneys my disagree. It is not legal
    > advice and I am not your attorney. Feel free to e-mail me if you require
    > clarification or have further questions.
    >
    >
    > "Bulent Biyikoglu" <[email protected]> wrote in message
news:<[email protected]>...
    > > Hello,
    > >
    > > I was layed off six months ago, and still haven't changed my status to
F2
    > > (my wife is a student). My company hasn't notified the INS, and my I-94
is
    > > valid till March 2003. If I apply for an H1->F2 status change in the US, would
    > > that be accepted? I was advised that I should go back to my home country and appy
    > > for a F2 there. Is that a better alternative?
    > >
    > > Any advice would greatly appreciated,
    > >
    > > Thanks,
    > >
    > > Bulent