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View Full Version : I-140 denied, 6 yrs up, go on F2?


aguy
11-19-2008, 03:18 AM
Hi,

I am disappointed that my NIW/I-140 has been denied. I am on the 7th year of my H1B. I am being told that I can complete the leftover duration of my H1B and then I have to leave the country. I have an option to change over to an F2 status.

Question - If I remain in the US for another year on F2, does that count as the 1-year gap after which I can apply for a new H1B or do I have to out of the country for 1-year to reapply for H1B.

Thanks.