QUESTION
Can I travel before the effective date of status change after I539 is approved or pending?
Asked on May 19th, 2024 on Immigration - California
More details to this question:
I am currently on H-1B with a valid visa, but planning to change to F-1 status through I539 soon. I have a travel plan in the next month that may happen after it's approved or while it's pending. I will be back before the date I specified on I539, which is "3.b New status and effective date of change". Considering I am still in H-1B status when I'm back to US, would the travel disrupt my ongoing I539?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There may be a hitch with your travel plans. A person applying to change status to another visa category in the US is not allowed to leave the country during the time that it is pending. Assuming that you wait until the F-1 status is approved, you would have to reenter under a F-1 visa instead of H-1B. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 10th, 2024 at 7:53 PM