Hello everyone,
I resigned my job. My last date of work is August 6, 2010.
My wife is currently employed on her F1-OPT. But her H1B petition has been approved and so she will be on H1B from October 1, 2010.
I efiled (August 4, 2010) my I-539 change of status to H4 based on my wife's approved H1B petition.
The web receipt says "In addition, this receipt notice does not constitute evidence that your application
remains pending with USCIS (i.e., that a decision to grant or deny your application/petition has not yet been made)."
I consulted a lawyer briefly before I did this. He said that I could file I-539 change of status by the first week of August and then resign immediately. He also said that, It will take about 2 months for USCIS to start processing your case and therefore I will not be out of status.
Since I efiled today, I do not have the printed receipt notice yet although I do have the receipt number. I am worried that I will be out of status and this might impact my prospects of permanent residency in future. Could you please review my situation and let me know your comments?
Will I be considered "out of status" any time after August 6, 2010 (last day of work) even though I efiled my I-539 on August 4, 2010 (but do not have the official printed receipt in hand)?
Since my wife is currently in F1-OPT should I have applied for I-539 change of status to "F2" instead of I-539 change of status to H4 based on my wife's approved I-129?
Thanks for the help.
I resigned my job. My last date of work is August 6, 2010.
My wife is currently employed on her F1-OPT. But her H1B petition has been approved and so she will be on H1B from October 1, 2010.
I efiled (August 4, 2010) my I-539 change of status to H4 based on my wife's approved H1B petition.
The web receipt says "In addition, this receipt notice does not constitute evidence that your application
remains pending with USCIS (i.e., that a decision to grant or deny your application/petition has not yet been made)."
I consulted a lawyer briefly before I did this. He said that I could file I-539 change of status by the first week of August and then resign immediately. He also said that, It will take about 2 months for USCIS to start processing your case and therefore I will not be out of status.
Since I efiled today, I do not have the printed receipt notice yet although I do have the receipt number. I am worried that I will be out of status and this might impact my prospects of permanent residency in future. Could you please review my situation and let me know your comments?
Will I be considered "out of status" any time after August 6, 2010 (last day of work) even though I efiled my I-539 on August 4, 2010 (but do not have the official printed receipt in hand)?
Since my wife is currently in F1-OPT should I have applied for I-539 change of status to "F2" instead of I-539 change of status to H4 based on my wife's approved I-129?
Thanks for the help.
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