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I539 (H2B to H4) in last moment:(

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  • I539 (H2B to H4) in last moment:(

    Hello,

    My h2b status will expire in end of May. I want to extend my stay and apply for change of status to H4 (under my husband’s h2b visa). Do I have time to apply from US or it will be better to go back to my country and apply for H4 visa from there? If I file/send the application next couple of days and I don’t get receipt number until May 30 will I be still ‘safe’, ‘pending’ till the decision is made? Or without receipt number and after May 30 despite that I filed/sent application earlier I will be 'out of status'? Do I need to file the application online and send documents and by mail?

    Help!

    Thanks.

  • #2
    Your application (I-539) for the COS to H4 should reach USCIS before your I-94 expires. Otherwise the COS will be denied. If you act immediately, you can still do it from within U.S. It is advisable to send the documents through express mail so it reaches faster.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Your application (I-539) for the COS to H4 should reach USCIS before your I-94 expires. Otherwise the COS will be denied. If you act immediately, you can still do it from within U.S. It is advisable to send the documents through express mail so it reaches faster.
      Thanks, shervin143

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