QUESTION

I just got H1B status approved effective from Oct 1st. My spouse change of status from F2 to H4 is still pending. Can she stay in US after Sep 30th?

Asked on Sep 17th, 2020 on Immigration - New York
More details to this question:
I am here on F1 status, I just got my H1B status approved which is effective from Oct 1st. My spouse is here on F2 dependent visa, her change to status to H4 is still pending. Can she stay here in US after Sep 30th until her petition is in process?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The I-129 and I-539 are separate adjudications, and in most cases today are not together adjudicated. Part of it is because I-539 applicants must be scheduled for biometrics while I-129 beneficiaries are not. Your spouse is legally allowed to remain in the US until USCIS makes an adjudication on the application. 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 Oct 17th, 2020 at 3:15 PM

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