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Quit Job While On H1b, B2 Status Pending, Help!

Discussion in 'Nonimmigrant Visa Validity' started by NYCGirl, Oct 21, 2015.

  1. NYCGirl

    NYCGirl Junior Member

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    Hi,

    I quit my job while in H1b status. Due to some family issues I just had to quit.
    My last day was June 19th.

    On June 17th I submitted a change of status application to change to B2 status (form I-539). Received a Receipt notice on June 19th.

    In the I-539 form I asked my B2 status to start on June 19th and end on November 20th (i.e. 5 months). It has been 4 months since I submitted the my for I-539 form but it is still pending.

    I was trying to find a new job over the last several months and I am in the final stage of the interview process with a couple of companies. However, I don't think I will be able to get new H1b paperwork submitted before November 20th (the last day of my requested B2 status).

    So, my question is:
    - Can I modify my pending I-539 form to extend my requested B2 status through December 20th (i.e. 6 months) instead of November 20th?
    - If my I-539 remains in pending status on November 20th (i.e. the last day of my requested B2 status) will the fact that I have a pending petition allow me to stay in the country beyond Nov 20th?
    - Is there anything I can do to get a decision on my I-539 asap?
    - Do most I-539 forms get approved or not? What are the chances that my change of status will be denied?

    Thank you!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They won't let you amend a pending matter. If you get a new job offer, your employer can file a new H petition on your behalf. As for the outcome of your I-539, it really depends on which adjudicator you get and how he/she feels that day.
     
  3. NYCGirl

    NYCGirl Junior Member

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    Thanks Ron! When the change of status from H1b to B2 gets approve, will I get B2 status for 6 months of just for the duration that I applied for in the I-539 form? I applied for 5 months of B2 status but I am hoping I will get 6 months approved. Please let me know if you have an answer for this question.
     
  4. iDreamer

    iDreamer Member

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    I believe you will get approved only for the time that you applied.
     

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