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H1B to F-2 (Change of Status)

Novi, MI |

Once I file the I-539, will my H1-B become immediately invalid?
In other words, is it necessary that my F2 (I am a spouse of OPT holder) petition gets approved before my last day at work or is it enough that the petition is received by USCIS before my last day at work?
The question I found on some random website shows that if I ever applied for an ‘immigrant visa’, USCIS will deny the I-539.
In my case, our company will apply for the E-2 and green card at the same time on my H1-B 6th year (4 more months left) and if it does not work I will apply for I-539. Could this become problematic?

Attorney Answers 4


  1. The change of status is effective when USCIS grants it and not before.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Don't rely on some random website. Immigration law is very complex. Decisions should not be made on an incomplete understanding of a partial statement of the facts. You need to have an experienced immigration law attorney review your case and help you navigate through the treacherous waters of immigration law.

    The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.


  3. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  4. This is why it is called a change of status. A news status only becomes such when it is approved.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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