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:
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?
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?
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.
