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I-539: Processing Time For H4 Visa To F1 Visa - Sbnri: What You Should Know

This is especially true if the alien is planning a change of residence, such as a return to Mexico under H1B or L1. If your case is pending, you must apply for the visa within 10 days after the expiration of your visa. There is no “special” processing time for aliens in the status of a visitor. The standard processing time for the alien is 12 months beginning January 1, 2019. You can check the current status of your case at any time by filing I-539, either online or by mail. The online I-539 processing timeline is based on the current H4 status as it appeared on your original request for processing. For H1B and L1, the current status appeared on the original request date and time (i.e., “Pending” or “Pending extension”). For H1B and L1, the case status on the date of the request for processing does not necessarily represent your I-540(b) request status. For example, a pending case in the H1B/L1 program (where there is no I-540(b) request) may be reviewed and closed on the date of the original request for processing. If there is a pending I-540(b) request (but not a concurrent I-540(a) or I-540(a)(4) request), your case may still be pending from the day that USCIS received your original request for processing. We do not know if you are still in the status of a visitor when your I-540(b) request is received until the end of your case's case processing timeline. USCIS will be able to tell you that you are in the status of a visitor if you are in the “Pending” status for the I-540(b) request, or if you are in the “Advance Review” status for a concurrent or concurrent extension request. If there is an I-540(b) request for your case without any concurrent or concurrent extension request, you will not be able to know whether you are a permanent resident or a nonimmigrant at the time of your I-540(b) request. Instead, USCIS will only know if you will be a permanent resident (or nonimmigrant) when your case is processed. Please check “Pending and pending extensions” for further updates to your I-540(b) status.

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