Q: What is the process to file I-539, Application to Extend/Change Nonimmigrant Status. Currently on H1-B (laid off) to B1?
Currently on H1-B, laid off and in grace period (40 days).
A:
Here is the process to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from H-1B to B1/B2 visitor status:
1. Eligibility: Ensure you are eligible to change status. You must have been lawfully admitted into the U.S., not have violated the conditions of your current status, and have a valid passport.
2. Obtain Form I-539: Download the form from the USCIS website or get it from a USCIS office.
3. Complete Form I-539: Fill out the form, providing information about your current status, the reason for your change of status request, and your plans while in B1/B2 status.
4. Gather supporting documents:
- Copy of your I-94 arrival/departure record
- Copy of your passport bio page and current visa
- Evidence of your current H-1B status and your termination
- Proof of financial ability to support yourself during your stay
- Explanation of why you need to change status and your plans to depart the U.S.
5. Pay the filing fee: As of 2023, the fee for Form I-539 is $370. Include a check or money order payable to "U.S. Department of Homeland Security."
6. Submit the application: Mail the completed form, supporting documents, and filing fee to the appropriate USCIS address, depending on your location.
7. Wait for a decision: USCIS will send you a receipt notice and make a decision on your application. Processing times vary.
Important notes:
- File the I-539 before your 60-day grace period ends to avoid accruing unlawful presence.
- B1/B2 status is for temporary visitors and does not authorize employment. You'll need to depart the U.S. or change to another status before your B1/B2 status expires.
- Consult with an immigration attorney for personalized advice on your situation.
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.