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H4 to B2 - Change of Status - I539

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  • H4 to B2 - Change of Status - I539

    I am currently in US on H4 Visa which is about to expire in 2-3 weeks. I would like to apply for Change of status from H4 to B2 to wrap up few things before I go back to my home country.

    I wanted to know if I can apply for I539 for H4 to B2 and continue to stay in US till my COS application decision is made by USCIS.

    Also, is there a limit on number of days for which I can continue to stay in US if my COS application is still in progress.
    If I choose to continue to stay while my application is in progress, will it impact or hurt me when I try to apply for H1B in 2018.
    Do I need to specify this overstay after H4 expiration anywhere during my application.

  • #2
    Originally posted by raoowl View Post
    I wanted to know if I can apply for I539 for H4 to B2 and continue to stay in US till my COS application decision is made by USCIS.
    yes

    Originally posted by raoowl View Post
    Also, is there a limit on number of days for which I can continue to stay in US if my COS application is still in progress.
    no limit

    Originally posted by raoowl View Post
    If I choose to continue to stay while my application is in progress, will it impact or hurt me when I try to apply for H1B in 2018.
    shouldnt, but who knows

    Originally posted by raoowl View Post
    Do I need to specify this overstay after H4 expiration anywhere during my application.
    it's not overstay unless the COS is denied while you are still here

    This is my personal opinion and is not to be construed as legal advice.

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