Q: Hi I got my B2 multiple entry visa in 2014 for 5 years & was planning to attend my cousin's wedding in US in 2015.
I met my husband through a family friend at the wedding, fell in love & got married in June 2015.So, after a few months my husband decided to apply & convert my status from B2 to H4 as there is a restriction of 6 month stay period with B2 visa. He applied 3 months back & I got a letter few weeks back saying that my H4 visa is under process & it will take around 6-9 months to get approved.However my, B2 6 month stay will expire in March 2016.I am confused about whether my current visa is B2 or H4. So, my concern is do i need to leave US & then come back again with another 6 month extension with B2 or is it ok/legal to stay in US as my H4 visa is currently under process but not approved yet. Please advice me in this regard. Thank you.
A:
You can stay in the US until you get a decision on your I-539. Something is wrong here as change of status should not take 9 months. You said he applied 3 months back and you said you got a letter stating you will have to wait another 6 to 9 months. Usually COS only takes about 3 to 5 months. You need to contact an attorney to find out why your case has been pending for so long. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
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