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USCIS I-539 Form: What You Should Know

Form I-130 and/or Form I-485 or are they one and the same application? Yes if you have only a separate petition; now if you're applying for a marriage-based Green Card. Form I-130 and/or Form I-485 Form I-130: Immigration Petition for Nonimmigrant Status or Adjustment of Status — Form I-130 is the form that requires the filing of a new Form I-485. Form I-485: Immigration Petition for Alien Relative — You have to file both forms in order to adjust status (adjustment of status). If both forms are for the same petitioner and same spouse, you do not need to file the new form if your old one is incomplete (incomplete I-470). 3.b. Are the petitions based on the same I-130 and/or I-485? Are they based on petitions filed on Form I-485? The Form I-130 and Form I-485 are the same application. The Form I-130 is more detailed in describing the individual's circumstances than Form I-485, and it will be filed with the completed, signed Form I-485. If both applications are for individuals who are unmarried, there is no need to file the new I-130(a) petition if both forms are for the same petitioner, because they have exactly the same facts in common. A nonimmigrant visa or green card petition and an extension of that petition (a combined petition) The same type of petition is both required by U.S. immigration law and by the Visa Waiver Program. You cannot file the Form I-485 if your Form I-550 has expired, and you have not submitted the new I-570. Do not file your I-570 until you receive the new I-550. Submit the new I-470 first because a Form I-570 must be filed separately from a Form I-470. Do not start work on the extension of a previous petition before receiving a new one! 4.a. Do I have to file a new petition? Now if you are renewing an I-130 or an I-485 petition or your Form I-130 and/or I-485 are based on a separate petition. Yes if you do not wish to make changes and will be applying for a petition for a spouse, children, or adult children living in the United States.

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FAQ - USCIS I-539

How do I transfer an H1B visa to an F1?

So, you have three questions here. I am going to answer them in this order: how to do the change of status, whether you have to return to your country, and whether youu2019d be eligible to get an H-1B in the future.Change of status from H-1B to F-1For future readers, an H-1B is an employment visa. An employer sponsors someone who has (at least) a four-year degree to fill a position that the employer has open and cannot find an American citizen who has the right qualifications. An F-1 visa is a student visa.To change your status, you must file Form I-539. The thing to keep in mind here is that when youu2019re here on an F-1, you must have enough existing funds to support yourself during your stay. USCIS only allows extremely limited work options. In order for the USCIS to examine your financial ability to support yourself (and examine your petition), itu2019s going to take some time.Returning to your country and difficulty of changing statusNo, you do not have to return to your home country. Changing your status can take some time. You may have to do an interview. Your financial status will be examined. Your current H-1B would be void upon receiving the status change. So, based on the time it would take and what you would need to do to show your ability to self-support during your Masteru2019s program, one could certainly consider that difficult. It is easier to do with the help of an immigration attorney.Getting another H-1B at the end of your studiesWhen you finish your Masteru2019s program and if you can find an employer willing to sponsor you, yes you can get a second H-1B to finish out the time that you have left on your current H-1B.If youu2019d like to get help with your status transfer, consider LawTrades. Our legal marketplace has high-quality, vetted attorneys available to assist you. We offer things like affordable, transparent flat-fee pricing, end-to-end customer support and all projects are backed by a satisfaction guarantee. Hope you give us a visit!

Can we convert an H4 visa to an F1 visa?

In general, it is possible to change status from H-4 to F-1 provided that you have the appropriate (I-20) documentation from the school you intend to attend.Note that H-4 is a dual intent visa, but F-1 is not, as a result, you may be denied the change of status if USCIS concludes that you have immigrant intent.Note also that change of status only applies while you are in the United States. If you are not in the United States and have a currently valid H-4 visa, but wish to obtain an F-1 visa, you must simply apply for an (entirely new) F-1 visa. While you can reuse some of the documentary evidence you collected for the H-4 visa for the F-1 application, it will be a new application.

How do you change a B1/B2 visa to an F1 visa?

You can change your status. In order to do that, You need to submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. This option allows you to change your nonimmigrant status while remaining in the U.S. With this, you may gain a new status but you will not receive a new visa, visas are only issued outside the U.S.To change your status, you will need the following:Your I-94 card which lists you departures and arrival dates, along with the expiration date for your stayApply to an academic course of study at a college/university, once accepted, the school will issue an I-20 formUse the SEVIS ID number located on the top right corner of I-20, to fill out you SEVIS I-901 form and pay the required fee.Write a letter explaining why you want to change your status from B1 to F1.Fill out a form I-539 to change your nonimmigrant status from B1 to F1. Pay the filing fee.

How long does the USCIS take to approve the I-539 to F1 while applicant in USA (Dallas office)?

Why donu2019t you ask USCIS in Dallas? Otherwise follow the advice below.I have stopped responding to individual visa questions because they almost invariably do not prenough information to inform a reliable answer. Questioners would be better advised to consult official sources, for example, the web site of the relevant country(ies). My general advice stands, carefully read the relevant web pages, follow their instructions completely and accurately, be completely truthful, with no embellishments and do not include anything that is not specifically asked for!

How do I file I-539 (conversion of H1b to F1/F1-CPT) with USCIS?

The Form I-539 instructions can be found on www.uscis.gov. You can also find information here: http://www.visapro.com/US-INS-Fo....You will need to include the Form I-20 from your school, proof that you are maintaining H-1B status, proof of funds to pay for school and other expenses and evidence of ties to your home country/evidence that you intend to leave the US upon the completion of your education.

How do I file change of Status within USA from H4 to F1?

Hereu2019s your answer: Here are the things you will need.First of all an acceptance from an accredited school, a copy of the acceptance letter and a copy of a signed I-20 stating your department and your duration of status as a student. You will need to inform the school of your intention to change status from H1B to F1. Sign the Student Attestation section.And since you will be changing status, you will need to fill out an I-539 form (instructions here) and take out your check book for a hefty $370 filing fee, made payable to U.S. Department of Homeland Security. There may also be an additional $85 for biometrics. USCIS will reach out to you as to when and where you should show up for giving up your fingerprints, retina scan, hair sample, blood and perhaps one of your kidneys. And do you really need two lungs??And in the spirit of keeping up with expenses, write out another check for your I-901 SEVIS Fee. See here for payment. Send the copy of the receipt.And as if it was not already clear from your ability to drop a couple of hundreds, at the drop of USCIS hat, you will also need to produce finance support documents making them believe that you will be sufficiently loaded throughout the duration of your study.You need to submit a copy of your I-94 (you can print out an electronic copy).Photocopies of all your I-797 (Approval Notices), current and previous. Your I-797 will reflect the period since when you have been legal to work.Photocopies of your Passport, including your H1B visa page. Keep a copy of your expired passport, if any. Comes in handy if the dates in any of your forms are relevant to the validity period of your previous passport.While you are at it, send in copies of all immigration documents youu2019ve had u2023 EAD, etc.Write a letter explaining your change of heart. Why school? Why now?Pay stubs from your current job and a letter verifying your employment from your current employer.A letter of support from your would-be adviser at your would-be school, helps.And finally, get all your documents (I-94 et al) prepared for your dependents, if any.Once all your paperwork is ready and copies are shelved in your folder for your bookkeeping, you should send in your documents (Read for address):[For US Postal Services u2023 Express or Slow Coach]USCISP.O. Box 660166Dallas, TX 75266And[For Courier]USCISATTN: I-5392501 S. State Highway 121 BusinessSuite 400Lewisville, TX 75067Reference: H1B to F1 US Visa: Change of status and processing time | MBA Crystal Ball

Why is USCIS taking a year on my I-539 case?

A year is an unusually long time for an extension or change of status application. However, you say u201cpetitioneru201d, did you typo the form type?As of April 30, 2023. the Vermont Service Center was processing I-539u2019s filed January 18, 2023. within 5 months.If your case has taken that long, you need to file a customer service e-Request https://egov.uscis.gov/e-Request... and then, if that fails, request and have an InfoPASS appointment. If it is still taking a long time, you need to find an attorney whose practice niche is in dealing with delayed cases whether through administrative work or mandamus litigation.

How long is the I-539 processing time from F-2 to F-1 at the Dallas USCIS center?

It will take about 3 to 4 months minimum and any requests for expediting the same may not be successful.You can check with the university and it should not be a problem to commence your classes, or if they insist you need to request for deferring your admission. Without F1,you may not be able to take in -campus jobs.

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