I539 COS from H1B to H4 over 5 months in VSC - anyone received update?


abysmal

Recommended Posts

Hi,

 

I had applied for H1B to H4 change of Status on Nov 15 2014 in Vermont Service Center. It has been over 5 months now and there is no update yet. USCIS Processing times on their website show that they are still processing September applications. Anyone know or received some update on a similar I539 application? Please let me know if any insights on when I can expect a decision.

 

Also, If I do not receive any update after 180 days, can I continue to stay in the US or will be considered out of state. What should be my next steps? Thank you!

Link to comment

This is the message received today when I tried to raise an Case Inquiry online.

"Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. Further information about recent processing times can be viewed on the uscis.gov webpage."

Link to comment
  • 2 weeks later...

Hi abysmal, 

 

i am into the same situation. I had applied H4 extension for my wife last year in oct 8th in VSC. so far, there is no information as it said we received your case on oct 8th. I called cust.care they said they updated the processing time on apr 13 which says sept 22nd cases are considered so far and next update will be on may 15th which will provide an info. for i-539 what month cases are looking.

 

did you find any update so far !! 

Link to comment

hi Simplyanks, 

 

Thank you for responding. I have reached peaks of frustration (;)) since there is no update yet :( I was hoping that they may have started processing Oct applications at least since the USCIS website points to processing times as of Feb 2015. Also, when I called the Customer Support at USCIS to inquire, they stated that an immigrant cannot stay over 180 days from the I94 expiry date though a case is pending. Does anyone know if this is correct? (ofcourse, at a different instance, they totally contradicted themselves). So, am in a dilemma whether one should continue to wait for a decision or leave the country.

 

Please keep us posted if anyone has an update or know the response for my query above.

Link to comment

hi Simplyanks, 

 

Thank you for responding. I have reached peaks of frustration (;)) since there is no update yet :( I was hoping that they may have started processing Oct applications at least since the USCIS website points to processing times as of Feb 2015. Also, when I called the Customer Support at USCIS to inquire, they stated that an immigrant cannot stay over 180 days from the I94 expiry date though a case is pending. Does anyone know if this is correct? (ofcourse, at a different instance, they totally contradicted themselves). So, am in a dilemma whether one should continue to wait for a decision or leave the country.

 

Please keep us posted if anyone has an update or know the response for my query above.

Yes, I agree it is frustrating. What they stated about the 180 days time limit is correct.

Link to comment

Hi abysmal,

 

I don't know how long does it take to process the application. This is a true statement that an immigrant whose case is pending for more than 180 days with expired i-94 is'nt allowed to stay in the country legally. they need to leave the country. 

 

But, not sure what if VO ask why you stay more than 180 days. first, our case is pending and no decision has yet finalized.  If we have proper evidence to show that like in my case, my wife cant travel as she was expecting a baby and secondly it took a time to get my baby passport done. will this help to get a fresh H4 Visa without any hassle. 

Link to comment

No even I checked the same but no updates so far :(

Thinking to call to uscis to check the status. What say?

 

Called up and they raised an SR the other day (ETA for response is 30 days max). I suggest you get a SR too.

My i94 expires in the last week of June. (Am staying adamantly positive :) ). 

Link to comment
  • 1 month later...

Archived

This topic is now archived and is closed to further replies.