Urgent Immigration Situation – H1B expiry

[SeriousPama22489 0]

Hello Everyone,

 

I'm urgently seeking guidance on a complex immigration situation. Here is my detailed and clear scenario:

 

Current Visa Status: I am currently on an H1B visa, which expires in early August 2025. My employer has indicated that renewal is highly unlikely.

 

DV Lottery Status: I was selected in the Diversity Visa (DV) Lottery for Fiscal Year 2025. Based on current trends, my DV case number may become current as soon as September 2025. If this happens, I intend to file Form I-485 (Adjustment of Status) immediately upon eligibility.

 

Spouse’s Visa Status: My spouse holds an F-1 visa. To ensure continuous lawful status after my H1B expires, I'm planning to submit Form I-539 (Application to Extend/Change Nonimmigrant Status) to change my status to F-2 dependent during my 60-day grace period following H1B expiration.

 

Timing and Concurrent Filings: Given the tight timeline, I anticipate potentially needing to submit both Form I-539 (F-2 change of status) and Form I-485 concurrently or very close to each other if my DV number becomes current shortly after my H1B grace period begins.

 

Upcoming Baby: Additionally, my spouse and I are expecting our baby in early November 2025. Ensuring continuous lawful presence and uninterrupted access to healthcare in the U.S. during this critical period is essential.

 

My primary questions and concerns are:

 

1. Is filing Form I-539 to transition from H1B to F-2 during my grace period legally viable and sufficient to maintain lawful status until my DV-based I-485 can be filed?
2. Given the potentially overlapping timelines (I-539 filed during grace period and I-485 filed shortly after), are there any potential conflicts or issues with USCIS that I should be aware of?
3. Are concurrent or near-concurrent filings of I-539 and I-485 permissible, advisable, or potentially problematic?

 

I deeply appreciate any expert insights or advice you could provide given the urgency, complexity, and personal importance of maintaining lawful status. Thank you very much for your support and guidance.

[appleblossom 4,410]

Just wanted to say I'm sorry you haven't had any responses. I think that given your situation, you probably really need a good immigration lawyer and not just us lot! 

 

One other option that you've not mentioned is marrying your partner and then filing for AOS immediately? You could marry and file by the end of the month if you did that. 

 

Best of luck. 

Edited May 18 by appleblossom

[jan22 3,174]

A couple of points for you to consider:

1. If you were, in fact, selected for DV Fiscal Year 2025 as you stated, your Priority Date will have to become current, your Adjusment of Status filed, and all approved no later than September 30, 2025, the end date of DV 2025.  Therefore, your planning would seem to be unnecessary, since you would have permanent residency (assuming your DV Adjustment of Status is approved) NLT the end of September, within your authorized grace period.
2. If you were, instead, selected for DV 2026, your Priority Dare will not become current in September 2025.  The program doesn’t begin until October 1, 2025.
3. Your concern listed in #3 is something I would be concerned about.  By filing the request to change from one non-immigrant visa status to another non-immigrant category while you know you are definitely planning to immediately file for an Adjustment of Status to permanent residency might well cause concern to someone at USCIS reviewing your case.  There is a possibility that it could be considered a “frivolous” application and quickly denied. And, perhaps even more troubling — if your applications is quickly reviewed and refused (unlikely it will be reviewed quickly, but…), you will be considered out of status from the date your H1 ended, not the date of the denial and you may not be in status from which to apply for an Adjustment of Status.

Consulting a really good immigration attorney with knowledge of changes of status and also DV timing/filing would likely be useful to you.