FAQ: Can I Travel When I 539 Is In Process And Visa Not Expired?

You are not an Overstay in light of the timely filing of your pending I-539. You may travel abroad but will need to have a valid H-4 visa to return.

Can you travel while I-539 is pending?

If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.

Can I stay in the US while my I-539 is being processed?

Things to Remember When Filing A Visitor Visa Extension You can stay in the U.S. for 240 days after the expiry date on your I-94 if you have proof of an I-539 application. The 13-digit case number and receipt notice by USCIS acts as proof of an existing I-539 document in process.

Can I travel after applying for visa extension?

If you are in the U.S. in H-1B status and have a valid visa stamp in your passport, you are permitted to travel outside of the U.S. and return to the U.S. as long as you reenter prior to your visa’s expiration date.

Can I leave us while waiting for visa extension?

Can I travel while my extension of status is pending? Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from a change of status, where leaving the U.S. will result in abandoning the application, resulting in a denial.

How long does it take for I-539 to be approved?

I-539 petitions sent to the California Service Center take 1 – 5 months to process, while petitions sent to the Nebraska Service Center take 6 – 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.

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

If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your

How long can I stay in US while I-539 is pending?

What If My Form I-539 is Pending and My I-94 Expired? If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days. You need to have followed and continue following the terms of your status.

What happens if I-539 is approved?

Until the Form I-539 is approved, the person is not officially in student status and cannot start classes. This also applies for people transitioning from F-2 status to F-1 status. The process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa.

How do I withdraw my I-539 extension?

Process to withdraw H4 or I-539 Application with USCIS? The process is pretty simple, all you need to do is send a withdrawal letter to USCIS requesting them to withdraw your application. There is no official letter or form that USCIS provides for you to use for the requesting the withdrawal of your application.

Can you travel while your visa is being processed?

If you are going through the UKVCAS process, you should not plan to travel outside of the country until you have received your decision. If you have travelled and your application has been withdrawn, then you will have no legal right to re-enter the UK and make another application.

Can I enter us if my visa expires in a month?

A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States.

Can you travel while waiting for stem extension?

Travel While OPT STEM Extension Application is Pending If your post-completion OPT has not expired yet, you can travel as usual on your approved OPT. If you believe you must travel, you should take: Passport (valid for six months after you plan to re-enter the US) Valid F-1 visa stamp in your passport*

What if my visa expires while in the US?

A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.

How long can you stay after visa expires?

The new rule provides that you’re still in lawful status, in other words permitted to remain in the U.S., for up to 60 days between jobs. There are two circumstances that could shorten the 60-day period, however. The first is the date your I-94 Departure Record expires, which is explained above.

Can I stay in the US while waiting for change of status?

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).