I was laid off 3 weeks ago and filed I-539 to change to F-2 timely. So I only received the receipt notice and NOT received the approval notice for F-2.
This week I got an offer and the new company asked me to work as soon as possible. The new company's lawyer filed the regular H-1B transfer (NOT premium processing) for me yesterday. My question is:
1. according to the H1B transfer rule, I am allowed to work for the new company as long long as the new company filed the H1B transfer and I don't wait for the receipt notice or approval notice of new H1B. But my situation is that Ialready filed the F-2 change of status before filing H1B transfer, is this the H1B transfer rule still apply to my situation? That is: can I begin to work for the new company now?
2. I am going to write a separate letter to the USCIS to request to withdraw the F-2 COS and ask USCIS to stop my F2 processing. Is this letter necessary and will it works?
As Pjiang 说的, 如果我的F2 approval after 我的 H1B approval, 我就得回国去签H1B,那就麻烦大了。 谢谢先。