Q: Should I leave country while I apply for change of status from H1B to F2 ?
Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to change my status back from H1B to F2 before grace period ends should I still leave the country?
A:
In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:
1. File Form I-539: To change your status from H1B to F2, you need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before your grace period expires.
2. Maintain status: Ensure that you maintain your current H1B status until you receive a decision on your COS application. If your grace period ends while your application is pending, you will be considered to be in a period of authorized stay until USCIS makes a decision.
3. Provide supporting documents: Include evidence of your spouse's valid F1 status, your marriage certificate, and proof of financial support.
4. Consider processing times: Be aware that USCIS processing times for Form I-539 can be lengthy. You may need to plan accordingly if you intend to travel outside the U.S. while your application is pending.
It is important to note that if you leave the U.S. while your COS application is pending, USCIS will consider your application abandoned. If you need to travel internationally, you may have to obtain an F2 visa at a U.S. consulate abroad before returning to the United States.
As always, it is recommended to consult with an experienced immigration attorney to discuss your specific situation and to ensure that you follow the appropriate steps when changing your status.
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