What happens if my i 539 is denied?

If your I-539 application is denied, depending on the specific situation, you can choose to reapply, or file a motion to reopen or reconsider, or depart the U.S. If you leave the U.S. promptly, usually this denial will not affect your reentry to the U.S. later if you have valid visa.

Can I change my status from H1B to B2 visa?

Luckily, you still have options – you can apply for a change of status and get a B2 visa. You only need to make sure you do it within the right time, which is before your H1B status or I-94 expires.

Will my B1 B2 visa be Cancelled when I apply for an H1B?

You do not automatically fall back on the B1/B2 visa. If you wanted to stay in the U.S. at the end of your H1B employment, you would have to apply for a Change of Status with USCIS to B1/B2 status.

What happens if my b2 visa extension is denied?

As long as you filed the extension application before the expiration date of the current I-94 form, you are in legal status as long as the application is pending or for 240 days, whichever comes first. However, if you are still in the U.S. when your extension application is denied, you immediately go out of status.

What happens if b2 extension is denied?

If the extension is denied, the applicant will be normally given a period of 30 days to leave the U.S. voluntarily. The most common reason for denial is that USCIS feels that the applicant is merely trying to prolong his/her U.S. stay indefinitely.

Can you stay in US while change of status pending?

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

Can you change status from B1 to H1B?

If you are already in United States on a B1/B2 visa, you may apply for change of status” COS” from B-1/B2 tourist visa to an H1B nonimmigrant worker. To do so, the change must occur before your B-1/B2 visa expires. You must have a US company file the Form I-129 nonimmigrant worker petition for you as the beneficiary.

What will happen if I 539 for B2 extension is denied and I-94 is expired?

If I-539 is denied, the unlawful presence is counted from the day after the original I-94 expired. Any overstay increases your risk of denial of a visa in the future, and, the longer the overstay, the higher the odds of being denied a visa.

When to apply for H1B to B1/B2 change of status?

File H1B to B1/B2 Change of status before 6th year max out. Once i140 is approved, file H1B extension in consular processing while B2 is pending. Many people have applied H1B to B2 Change of Status in the COVID-19 situation as they could not travel out of the US but were reaching the end of the 6th year.

Can I transfer my B2 visa to H1B after i140 approval?

Once your i140 is approved, you will follow this plan to get back onto H1B status and start working: If your B2 Change of Status application has already been approved by USCIS, then you can file your B2 to H1B Change of Status application along with your approved i140 copy. You will be lucky if your B2 gets approved within 3 months though.

What happens if I leave the US while my H1b is pending?

So, if you leave US, while the H1B is pending, USCIS assumes that you are abandoning your Change of Status because they assume that you would return in the same visa status at the time of filing. Also, the I-94 number also changes… so they consider it as abandoned.

Can I apply for an H1B extension while my B2 is pending?

B2 Pending If the B2 application is pending with USCIS, the safer, faster, and recommended option is to file an H1B extension with the ‘ consular processing ‘ option. Applying for H1B extension with the option to get visa stamp outside the US is preferred because: USCIS will not approve your H1B until your pending B2 COS is approved first.