B1/B2 to H4: Application pending but I-94 expiring

V

vjeeta

New Member
My wife's I-94 given on her B1/B2 is expiring on Oct 1st. Current date estimates do not give any hope that her application will be processed
before that. USCIS received application on Aug 13...which more than
45 days in advanced before I-94 expires.

Can she continue to stay after her I-94 expires to hear about the decision
on her application?

thanks,
vishy
 
Thanks Saif,

My company lawyer also confirmed that she can stay.

BTW, My wife had called USCIS this morning, and they told her to leave USA if the application doesn't get processed before Oct 1st. I guess, USCIS folks will never suggest anyone to stay back in such cases as they must take a conservative approach.

regards,
vishy
 
To be honest, the way I look at things, a visit is no longer a "visit" if it goes beyond six months. If an individual spends more than six months in the US (or any country for that matter), then that person is "living", not "visiting".
 
Why can't your wife go back and come here on a H-4? To me what your and your wife is doing is JUST PLAIN ABUSE OF B1/B2 visa. B-1/B-2 visa is for temporary purpose to conduct business or for short visit
 
Triple Citizen said:
Vishy,
Yes she can stay until a decision on her I-539 is made.
Click to expand...

I am a Pakistani citizen and I have a question regarding converting my visa status from B1/B2 to F1 student. A friend of mine have recently converted his status from B1/B2 to F1 so I know it is possible, but I have some additional thing attached to my case which is a Family based first preference immigration case. This is my third trip to US and my current I-94 expires on 19th of March 2008. I have got admission in a University and they are going to issue me the I-20 in few weeks. My immigrant visa priority date is Nov 2002, while currently they are working on the month on Jan 2002. Since my classes will start in August 2008 and I suspect that my immigrant visa number might not be available till that time, so I want to convert my current B1/B2 visa to F1 so as to continue my school and then do adjustment of status whenever my priority date becomes current.
When I looked at form I-539 for change of status, there is a question asking me if I have been sponsored for an immigrant visa and explain if the answer is Yes. I want to know what should I write in explanation for my pending immigrant visa while applying for change of status from B1 to F1. Also I want to know the chances of getting visa from back home. I want to mention here that for B1/B2 visa I mentioned that I had immigrant visa case, still I was given the visa.
Would appreciate help.

P.S: I am also expecting that my change of status applicaton may not be adjudicated with in my I-94 period. I want to know if it can affect my immigrant visa incase my change of status is denied and I end up overstayed.
Regards
 
Xerostomic,
Mention your pending immigrant petition in your I-539. In my opinion, you have a better chance of obtaining a COS to F-1 rather than getting an F-1 visa from Islamabad.
Good luck!!!
 
Change of status

Triple Citizen said:
Xerostomic,
Mention your pending immigrant petition in your I-539. In my opinion, you have a better chance of obtaining a COS to F-1 rather than getting an F-1 visa from Islamabad.
Good luck!!!
Click to expand...


Hello Triple citizen
Thanks a lot for your help. I am also thinking to apply for change of status. I want to know if premium processing is available for change of status from B1/B2 to F1 as I am afraid that I might now get illegal during change of status or mentioning my immigrant visa during COS might not jeopardize my immigrant visa as I have been waiting for it for a very long time and now it seems to be getting closer.
Thanking in advance.

P.S: Sorry I posted this question earlier into the wrong thread.
 
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