I needed some guidance for my best next step in this situation.
My husband’s last day of employment was 11th Oct 2024 and his grace period ended on 11th Dec 2024 he did file his change of status from H1B to B2 on 9th Dec and got it approved on 30th Jan 2025 but he did miss filing my change of status from H4 to B2. (My current I-94 was valid till Dec 2025)
At this point, it’s 60 days after his grace period ended so I wanted to know what would be a good next step for me to proceed.
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I can file for a change of status today by providing all the details and explaining the cause for delay/overstay. Once I get the decision on the i539 take the next steps based on that.
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Travel back to India immediately and once I have my husband’s H1B confirmed apply for a change of status in India. Will my overstay cause any serious issues in this case as I haven’t filed a change of status and left the country?
I lean towards filing i539 and sharing the lack of knowledge regarding the immigration procedures and timelines as the reason for the delay in filing the change of status and waiting for their response.
Looking of guidance at the earliest and thanks in advance for sharing any details.