QUESTION

H1 max out is ending on Sep30,22 Perm is not approved. If I apply for COS to B1/B2, am I allowed to stay in USA until COS is approved?

Asked on Aug 16th, 2022 on Immigration - New Jersey
More details to this question:
Employer terminated the employment and H1 max out is expiring in a month. If i want to go for change of status to F1 or B1/B2 USCIS might take 3-9 months to give the decision. Until the COS F1 or B1/B2 is confirmed, I am I allowed to stay in the country as I will not have any other valid status after 1 month. Please advice.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
A timely request for change of status allows an individual to remain in the US until the time that it is adjudicated. Technically, you are not in legal nonimmigrant status unless the change of status application is approved. However, you would not begin to accrue unlawful presence until 180 days after the change of status application is denied. Hopefully, this will assist you in planning your future immigration steps. 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 Sep 02nd, 2022 at 5:56 PM

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