NSWAMINA Posted August 16, 2023 Report Share Posted August 16, 2023 I got laid off back in June while on H1-B visa. Since I couldn't find new employment before the end of the 60-day grace period, I filed for a change of status from H1-B to B2 using the online submission of the form I-539. I got an online receipt notice for the I-539 on my USCIS online account. How long can I stay in the US while the change of status application, I - 539 case is pending? Given the recent announcement from the USCIS, allowing people with pending I-539 for B2 application to search for jobs, how long can someone with a pending I-539 application for a B2 visa stay in the US before he has to leave the USA? Quote Link to comment
Zodiac System Posted August 16, 2023 Report Share Posted August 16, 2023 You should be good to stay, until you get a decision on your B2 visa. Hopefully you will hear before 6 months are over. Good Luck. Quote Link to comment
newacct Posted August 16, 2023 Report Share Posted August 16, 2023 14 hours ago, NSWAMINA said: How long can I stay in the US while the change of status application, I - 539 case is pending? There is no limit. You can stay in the US for as long as the I-539 is pending, no matter how long it takes. However, given that B2 can only be granted for at most 6 months, if you stay for more than 6 months, it is a good idea to file another I-539. Quote Link to comment
Attorney_23 Posted August 16, 2023 Report Share Posted August 16, 2023 Generally speaking, if an application to change status is timely filed, the individual is permitted to remain in the U.S. so long as the application remains pending. If the applicant will still be in the U.S. beyond the expiration date requested in the pending application, an extension should normally be filed prior to that requested expiration date. Quote Link to comment
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