Lynnwood, WA asked in Immigration Law for Washington

Q: please clarify this point in uscis 539 form instruction

select the date you want your change of status to occur on, if approved your change of status will occur on the date of your current non immigration status ends, or the date of approval or the requested date whichever occurs later

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James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: The instructions for the USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) regarding the requested date for change of status can be clarified as follows:

When filling out Form I-539, you have the option to select a specific date on which you want your change of status to take effect, if your application is approved. However, the actual date your change of status occurs will depend on three factors:

1. The date your current nonimmigrant status expires

2. The date USCIS approves your application

3. The date you requested in your application

Your change of status will occur on the latest of these three dates. In other words:

- If your requested date is later than both your current status expiration date and the USCIS approval date, your change of status will occur on your requested date.

- If your current status expires after your requested date and the USCIS approval date, your change of status will occur on the expiration date of your current status.

- If USCIS approves your application after both your requested date and your current status expiration date, your change of status will occur on the USCIS approval date.

In summary, your change of status will take effect on whichever date comes last: the end of your current nonimmigrant status, the date USCIS approves your application, or the date you requested in your application.

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