QUESTION
Do I Have To Submit Another I-539 Form While I Have A Pending Application
Asked on May 30th, 2020 on Immigration - California
More details to this question:
Hi everyone, I have a question in my mind waiting to be solved. So I am sharing information below. Facts: 1.) I am holding a B2 Visa and it is going to expire on 06/12/2020. 2.) I got accepted a master program which is going to start 08/24/2020. (If my status change application is not finalized until this time, I am going to start on 1 January 2021). 3.) Thus, I have applied for status change and filed an I-539 Form online on 15 April 2020. 4.) In order to bridge the gap (from 06/12/2020 to 08/24/2020) I have applied for an extension of stay and filed another I-539 Form online on 15 April 2020. In my application, I asked for an extension until 08/24/2020. My question: Let's suppose both of my applications weren't concluded until 08/24/2020, in this case, do I have to submit another extension of stay before 08/24/2020 or can I ask for a change of date (let's say instead of 08/24/2020, I want an extension until 01/01/2021) in my current application?. Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Where a person is in the United States on a B visa and attempting to change status to F-1 student, USCIS requires that the individual maintain the B status until the F-1 application is adjudicated. You would either have to file another B-2 extension application or contact USCIS to ensure that an officer will change your stated ending date from 8/24/20 to 6 months from your original expiration date. I note that even if a USCIS officer tells you telephonically that the date was changed, there is no guarantee that such was done and you may be surprised when the adjudication arrives. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 28th, 2020 at 12:01 PM