mehrachit Posted September 13, 2017 Report Posted September 13, 2017 Hello there, My H-1B visa approval notice arrived last week. I have my wife on F-2 visa with me in USA. I was waiting for the approval notice to apply for I-539 form for the change of status of her from F-2 to H-4 visa. I read on the instruction page of USCIS, saying we should apply for the change of status at least 45 days or as soon as the change of status is required. does that mean I passed the deadline since her I-20 for F2 is only valid till end of September? I only have 2 weeks before her I-20 (for F2) is expiring. Does she need to leave the country before september or she can still stay in country and apply for I-539? any advise is more than welcome. Thanks!
pontevecchio Posted September 13, 2017 Report Posted September 13, 2017 When does your H1 start? note that you got petition approval notice and not visa approval.
JoeF Posted September 13, 2017 Report Posted September 13, 2017 As long as the COS is filed before her current status expires she is fine. She is legal while a timely filed COS, I.e., before the old status expires, is pending.
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