H1b and h4(spouse) to B2 visa extension

A

amanpeace

New Member
Hi,

Please help !!

Situation:
I filed I-539 and I-539a form for a change of status from h1b and h4 (spouse) to B2 visa. It’s been almost 6 months and the status is still pending! I need to file for b2 extension now before the 6 months expire so that I can ask for another 6 months of time in USA. Have some questions related to form i539:

Part 1. 15.a Current Nonimmigrant status (its a drop down with all the status e.g : h1b, f1, b2)
I guess mine should be h1b as b2 is not approved yet?
what you guys think?


Part2: I am applying for (select one):
a) an extension of stay in my current status
b) A change of status
what shall I select here?

Part 3: Is this application based on a separate petition or application to provide your spouse, child, parent and extension or change of status?
a) yes, filled with this form i539
b) yes, filled previously and pending with uscis
c) No
what shall I select here?

Any inputs will be appreciated ! Thanks
 
AFAIK, you currently have no status to file an extension from. Your COS is still pending, the B2 you previously filed for has not yet been approved, so there's no status to file an extension from.
 
I think you can put something like "COS to B2 pending".

You are applying for a B2 Extension of Stay.

B2 is not dependent on some other person's status.
 
Last edited:
Hi newacct, thanks for your answers. It makes sense to me what you said.
I am doing a paper based application. for the current non immigrant status option there is no drop down which is close to ""COS to B2 pending"
so what shall I select there? Also, can I keep that blank and while printing can I edit that with manually with pen? Please help
 
Sm1smom said:
AFAIK, you currently have no status to file an extension from. Your COS is still pending, the B2 you previously filed for has not yet been approved, so there's no status to file an extension from.
Click to expand...
But if and when their COS is approved, if it is approved for 6 months, they will retroactively have a status now.

If they want an EOS, they have to file it now, before 6 months, because if they don't, even if the COS is approved, it will only have been approved for a period of 6 months, so they would already be out of status when the COS is approved, and it would be too late to file an EOS.
 
newacct said:
I think you can put something like "COS to B2 pending".

You are applying for a B2 Extension of Stay.

B2 is not dependent on some other person's status.
Click to expand...
Hi newacct, thanks for your answers. It makes sense to me what you said.
I am doing a paper based application. for the current non immigrant status option there is no drop down which is close to ""COS to B2 pending"
so what shall I select there? Also, can I keep that blank and while printing can I edit that with manually with pen? Please help
 
amanpeace said:
Hi newacct, thanks for your answers. It makes sense to me what you said.
I am doing a paper based application. for the current non immigrant status option there is no drop down which is close to ""COS to B2 pending"
so what shall I select there? Also, can I keep that blank and while printing can I edit that with manually with pen? Please help
Click to expand...
Hmm maybe you can choose B2 and then write "(COS pending)" in pen
 
You will need to attach a copy of your pending I-539's receipt. That will have a receipt number. You should also mention in your cover letter that you are basing this I-539 on a previous I-539 that is still pending.
 
newacct said:
You will need to attach a copy of your pending I-539's receipt. That will have a receipt number. You should also mention in your cover letter that you are basing this I-539 on a previous I-539 that is still pending.
Click to expand...
Hi, will surely do that. But do I need to mention the receipt number anywhere on the I-539 and I-539a(spouse) forms?
for Part 3:
Is this application based on a separate petition or application to provide your spouse, child, parent and extension or change of status?
a) yes, filled with this form i539
b) yes, filled previously and pending with uscis
c) No
what shall I select here? I didn't understand this question at all. Please help
 
Hello. How is it going? Why are you silent and don’t answer what you have there? By the way, it seems like a lot of people above gave you advice. But you still didn’t understand anything, it’s surprising. Re-read everything that was written to you again because you apparently missed it through your ears.
 
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