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Is there a grace period when filing a Change of Status (I-539) from H1-B to H4? My I-539 has been pending for nearly 5 months.
Anonymous2 views4 answers
I was working on a valid H1-B visa. My H1-B is valid until Aug 2016, however I resigned in Feb 2015. My company said they would file the Change of Status (I-539 document) for changing my status from H1-B to H4 (my husband is on a valid work visa). My last day at work was 27th Feb 2015 - the HR lady said she would file my I-539 with USCIS on the same day. I gave her all the documents she required on time. She said she would send all the required documents to the lawyers the company contracts with and it will all be done while i'm still employed. However, I noticed on the Form I-797C, Notice of Action from USCIS that the 'Received Date' is March 20, 2015. What does this mean? Was I out of status between Feb 27, 2015 and March 20, 2015? Its been 5 months & my case status shows 'Case Received'
You appear to have been out of status for 20 days in that your H-1B ended on Feb. 27, 2015 and the FORM I-539 was filed on March 29, 2015. You can ask the attorney to request that USCIS process the case on a nunc pro tunc basis.
In theory a person can port to a new H1b employer even with up to 60 days out of status, however there is no set amount of time and it is highly risky. There is no grace period to file for change of status from H1b to H4.
There is no grace period, however, USCIS may exercise its discretion to forgive a brief period being out-of-status, but it is completely discretionary.
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
Yes, unfortunately, you were out of status when the I-539 was received by the USCIS. At this point all you can do is wait for a decision. You may want to consult with an immigration attorney to discuss your options.
