I-539 pending urgent please help

[hawke]

Hi,

I filed Change of Status from H1B to F1 I-539 and is pending with USCIS my question is
1 If I laid off from my job before the approval or denial of the petition what will be my status in both cases.
2 If i leave my job before the decision what will be my status.

3 if my visa expires before the decision what will be my status.

kindly help me this September is my last month on job

 

[ginnu]

Hi,

I filed Change of Status from H1B to F1 I-539 and is pending with USCIS my question is
1 If I laid off from my job before the approval or denial of the petition what will be my status in both cases.
--------------------- if laid of or COS gets denied then your stay will be illegal.
2 If i leave my job before the decision what will be my status.
----------------------COS Pending will not make you illegal but if COS gets denied then your status will be illegal from the date you filed COS.
3 if my visa expires before the decision what will be my status

---------------------Visa stamp is only for entry to US. I-94 validity is IMP. if your I-94 based on H1 gets expired and you filed COS when I-94 was Valid then your status will be pending COS.
kindly help me this September is my last month on job

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[hawke]

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Thank you for your response


My attorney told me that if my COS is pending then you are all set even if it get denied you will be in your legal status but if denied then they will ask you to leave the Country with in the time specified in the denial notice is this the case.

 

[ginnu]

Thank you for your response


My attorney told me that if my COS is pending then you are all set
---------------------- If COS is pending you are safe as COS is Pending and you filed before expiry of your I-94.
even if it get denied you will be in your legal status
-----------------if COS gets denied how you can be in legal status?
but
if denied then they will ask you to leave the Country with in the time specified in the denial notice is this the case.
-------------------------That is correct

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[hawke]

Hi
Thank you ginnu for your help its really helpful for me I was only worried about my out of status from the expiry of I-94 to Decision denial/approval.

thank you again