Legal Question in Immigration Law in New Jersey

Hi, I'm working in U.S. with L1 visa. I want to stay in US after I finish working - i.e switch to b2.

I have a valid b2 visa for couple of years. How do I change my status?

Do I need to need to fill in I-539 and pay a fee of 165$ and wait 2 months? I don't have so much time.


Asked on 2/25/15, 9:07 pm

2 Answers from Attorneys

Ana Yngelmo YNGELMO LAW

Yes, you must file Form I-539, Application to Change/Extend Nonimmigrant Status. You can find the form and instructions on the USCIS website: http://www.uscis.gov/i-539.

USCIS is currently taking about 6 months to process an application for change of nonimmigrant visa status. While the application remains pending, you can remain lawfully in the U.S. Keep in mind that, in order to obtain B-2 status, you must demonstrate that your intention is to remain in the U.S. temporarily and that you intend to depart the U.S. at the expiration of your temporary stay. You should probably limit your request to 6 months or less. If your application is denied, you will immediately begin to accrue unlawful process as of the date of the denial notice and must make immediate plans to depart the U.S. In no event should you remain in the U.S. more than 180 days from the date of the denial. Also, you should not depart the U.S. while the change of status application is pending since this would abandon your request.

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Answered on 2/26/15, 6:45 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 2/26/15, 11:32 am


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