Inglewood, CA asked in Immigration Law for California

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).

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James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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