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File I-539 COS for F1 to H4 - Question about dates

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  • File I-539 COS for F1 to H4 - Question about dates

    hi all, i recently got married in the states. Wife is in her grace period for F1 OPT and I'm on H1b. We filed a change of status I-539 for her to switch from F1 to H4 as soon as we could, since it took a while to get the marriage certificate and all other materials. The application was delivered to and signed by the Dallas processing center last week. Now wife's grace period expires at the end of this week, we have not received the receipt in mail yet.

    I searched around, and not sure if wife is ok to stay, as the form has already been received by the processing center? Or does it have to be when we receive the receipt?

  • #2
    Originally posted by mightyjw View Post
    hi all, i recently got married in the states. Wife is in her grace period for F1 OPT and I'm on H1b. We filed a change of status I-539 for her to switch from F1 to H4 as soon as we could, since it took a while to get the marriage certificate and all other materials. The application was delivered to and signed by the Dallas processing center last week. Now wife's grace period expires at the end of this week, we have not received the receipt in mail yet.

    I searched around, and not sure if wife is ok to stay, as the form has already been received by the processing center? Or does it have to be when we receive the receipt?
    Since she filed the I-539 for a change of status before the F-1 grace period ended, she can remain in the US until the I-539 is adjudicated. If she leaves the US, the change of status will be denied, but then she'll just need to obtain an H-4 visa to return to the US in H-4 status.

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    • #3
      Originally posted by francesjacobgreene View Post
      Since she filed the I-539 for a change of status before the F-1 grace period ended, she can remain in the US until the I-539 is adjudicated. If she leaves the US, the change of status will be denied, but then she'll just need to obtain an H-4 visa to return to the US in H-4 status.
      thank you! the question is, even without a receipt yet, with the package signature by someone from USCIS, are we ok w/ staying?

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      • #4
        Originally posted by mightyjw View Post
        thank you! the question is, even without a receipt yet, with the package signature by someone from USCIS, are we ok w/ staying?
        Yes, as long as you're sure that they've officially received it (you won't be able to know the date they officially received it until you get the receipt, but it shouldn't be more than a day or so after they got the mail).

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

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