QUESTION

Did the husband abandoned his F-2 status when he applied for his H-1B status and my institution is no longer concerned with the husband's status?

Asked on Jun 17th, 2013 on Immigration - Mississippi
More details to this question:
I have a student on F-1 and her husband is on F-2. The husband has applied for H-1B and it has been approved. I was informed by other students that the husband is working now. My understanding is that he needs to wait until October 1, 2013. Did the husband violated his legal status? Can my school terminate his SEVIS record for status violation?
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3 ANSWERS

Adebola O. Asekun
As a school official, your better option is to direct your inquiry to USCIS regarding this student. But if the student involved has changed his status from F-1 to H-1B, then, he is no longer in F-1 from the date the change was effected by CIS. He is authorized to work legally in the US, but then only for the company that filed the H-1B petition for him. If this student was the principal of the F-1 visa, then, the F-2 visa for his spouse, his also terminated since the spouse' F-2 would also have been simultaneously changed from F-2 to H-4 dependent .
Answered on Jun 19th, 2013 at 9:52 AM

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It really depends on what type of employer filed the H-1B visa petition on the husband's behalf. It is possible that it was a cap-exempt employer in which case he would not have needed to wait until October 1, 2013. You should only be concerned with the F-1 student that you have. Once the spouse has changed status to H-1B, that is no longer the concern of the school.
Answered on Jun 18th, 2013 at 9:33 PM

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Thomas J. Rosser
Unless the husband has been in H-1B status at some time during the past 6 years (in which case he would not be subject to the "Cap") you would be correct in assuming that he does not have work authorization until October 1, 2013 for a recently approved "Cap-subject" H-1B petition. If you are the Designated School Official (DSO) responsible for his record with SEVIS, you should request documentation from the F-1 student's husband and report the H-1B approval to SEVIS in regard to his maintenance of applicable F-2 dependent status. If your F-1 student is still actively enrolled and maintaining status then her spouse should still be entitled to F-2 status (albeit with a potential problem now of having worked without USCIS authorization under his recently approved H, assuming, again that he is not "cap-exempt" from a prior stint in H classification within the past six years). We recommend that you contact an experienced immigration attorney in this type of situation for guidance.
Answered on Jun 18th, 2013 at 10:50 AM

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