Status

I-539 filed; decision pending while Green card application interview is also pending

I-539 filed; decision pending while Green card application interview is also pending
  1. Can I stay in US while I-539 is pending?
  2. How long does it take for Uscis to approve I-539?
  3. What is pending adjustment of status?
  4. Can I file I 485 while I-539 pending?
  5. What happens if my i-539 is denied?
  6. Can I work while my i-539 is in process?
  7. What happens if I leave the US before my i-539 Application to Extend status is approved?
  8. Why immigration cases are taking so long?
  9. Can you stay in US while change of status pending?
  10. Can I stay in US if I-485 is pending?
  11. How long does it take for adjustment of status to be approved?
  12. Can I work while waiting for adjustment of status?

Can I stay in US while I-539 is pending?

Yes, you will be in a period of "authorized stay" while the I-539 is pending. If denied, you should leave within a week or 2 to avoid any future tourist visits.

How long does it take for Uscis to approve I-539?

As per USCIS guidance, typically they would take about 17 days on average to complete the I-539 biometric process from the day they receive the I-539 application(assuming no re-schedules) form.

What is pending adjustment of status?

Status During Pending Employment-Based Adjustment of Status (I-485) Application. Adjustment of status is a term that specifically refers to a process whereby an alien changes his/her non-immigrant status to immigrant (permanent) status while continuing to reside in the United States.

Can I file I 485 while I-539 pending?

Yes, you can apply for adjustment of status because your nonimmigrant status never lapsed. You also do not have to worry about the 90-day COS rule because that time has passed as well.

What happens if my i-539 is denied?

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.

Can I work while my i-539 is in process?

You can continue working for as long as the extension if timely filed.

What happens if I leave the US before my i-539 Application to Extend status is approved?

539 application to extend your H-4 status is pending, USCIS is supposed to treat it as if you abandoned your request for an extension of status and deny the application. ... Otherwise, you may have to wait for the H-1B beneficiary's extension of status to be approved before you will be able to obtain a new H-4 visa.

Why immigration cases are taking so long?

New policies at USCIS are restricting legal immigration. For example, one policy requires USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Such inefficient policies help explain why processing times are increasing even as USCIS application rates are decreasing.

Can you stay in US while change of status pending?

You must remain in the U.S. while your application is pending. If you leave the U.S., USCIS will consider your application abandoned and deny the application.

Can I stay in US if I-485 is pending?

You have the right to remain in the United States while the application is pending. ... However, if USCIS denies the I-485 application, you could be forced to leave the United States immediately.

How long does it take for adjustment of status to be approved?

The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.

Can I work while waiting for adjustment of status?

While waiting to adjust status to permanent resident in the U.S., you must obtain an employment authorization document if you plan to work. ... In order to work legally until your residence is approved, you must obtain an Employment Authorization Document (EAD), commonly called a work permit.

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