H1B to F2 Change of Status Questions


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Hello, All:


My H1B visa is going to max out in November 2014. Unfortunately, my PERM process started in my last year of H1B (this year) and my application was selected for an audit. Given the current processing times for audited cases, I am pretty sure I will not have an approved I-140 in order to file for an extension by November 2014. My wife is on F1 visa and I am planning to change my status to F2 visa and have few questions and would really appreciate if someone can help me with detailed response. Due to my current financial situation, I cannot really afford a paid consultation.


In the form I-539:


Part 3 of the form, Question # 1) what date should I specify ? I do not have any specific date in mind as to how long I want to stay on F2 visa.


Part 4 of the form, Question # 3) What should I answer to item 'a' and 'b' ? My current employer had filed a PERM application (Which I believe qualifies as a petition for Immigration) and it got audited. So, I am not sure what should be the answer to questions 3a, 3b under Part 4 of the I-539 application.


Finally, we both do not have sufficient bank balances. So, is it OK to lend money from overseas and show that as a proof in the bank statement ?


Thanks in advance.



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P3 - Just mention the date as per your spouse's F1 - your F2 status is derivative of your spouse being on F1. So, F1 will drive your F2 date.

P4 - No, PERM doesn't qualify as immi. petition. I-140 is immi. petition. So reply accordingly.


Get some money borrowed from friends / family in US. But are you sure, once converted to F2, you both would be able to survive on mere bank balance?

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