Los Angeles, CA asked in Immigration Law for California

Q: I am on B2 visa which expires on 7/28 shall i have applied for extention of the status to F1 and send i-539a. Shall I s

shall I send separate I-539 for extention of my B2 visa or i can wait legally on pending status until I receive change of status decision from USCIS?

Related Topics:
1 Lawyer Answer
Jered Dobbs
Jered Dobbs
  • Immigration Law Lawyer
  • Dallas, TX

A: You need to file a separate extension of the B2 as well. Relying solely on the I-539 seeking change of status to F-1 can result in problems because F-1 status can only be granted beginning thirty days prior to your program start date. If 30 days before the program start date is after your B2 status ends, USCIS will consider there to be a gap between your B2 and F1 statuses, and will deny the change to F1. This is a common mistake, but it can usually be avoided by filing the extension of B2 status in addition to the change of status to F-1.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.