Legal Question in Immigration Law in Massachusetts

My current status is F1. I am in my OPT and it will expire at the end of this year. I want to quit my job at the end of next month and transfer to F2. My question is if I apply for the status change now and it is possible to get the status change approved in several months, but at that time I probably have already lost my F1 status. I would like to know if I lost my F1 status but already receive the application receipt notice from USCIS before I get the F2 status approved, am I legal to stay in United States? Thank you!


Asked on 7/24/15, 3:11 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You are required to maintain legal, non-immigrant status while your I-539 change of status (COS) is pending, so I do not recommend terminating your OPT until your F-2 COS is approved. Alternatively, but not suggested, you can return to your home country & apply for your F-2 directly.

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Answered on 7/24/15, 4:42 pm


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