Guestbook Entry for Tulasi J, United States
Name
Tulasi J
Country
United States
State
Kansas
Search
Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Gap in approval dates between change of status from one status to another
Question details
I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.
On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.
On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.
However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
FAQ Transcript
If you applied for a change of status (COS) while still in valid status—such as H-1B plus the 60-day grace period—you are not considered out of status while your application is pending. In this case, since you applied for H-4 within the grace period, the period between May (filing date) and December (approval date) is classified as an authorized period of stay, meaning it does not count as unlawful presence.
Even though the approval date is later, you are not subject to the three-year bar because you remained legally in the U.S. while the petition was pending. There are no negative implications for your status.
Our GC process fell apart when the company was closed which put us out of status since my huband and i were on EAD and Rajiv and his team helped us in get our H1-B and H-4 visas. We had made some mistakes in the filing of my H1-B and so was denied and was at a risk of having to go back to India since i was out of status but it was a diffcult option since i was pregnant so with the help of Rajiv's team i was able to get my H4 with an i94 and did not have to travel back to India. I thank Anna, Judi, Jagbir and everyone else who worked on our case.