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J2 to H4: legal stay in the US

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  • #1

    J2 to H4: legal stay in the US

    Hi,

    I was on J1 and now on H-1B. My family was on J2 and has applied for H4. My family has gotten a receipt for their filing. The H4 processing time seems very long nowadays. We heard that as long as my family has the receipt, their stay in the US will not be considered illegal. I just want to confirm whether that is true for our peace of mind. We do not want to be ignorant if we are accruing unlawful stay.

    Thank you very much for you help.

    Scott
    Tags: h4 visa
  • #2
    Yes. As long as the "received date" of the I-539 was before their status ended, they do not accrue "unlawful presence" for as long as the I-539 is pending.
    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you very much for the confirmation!

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