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However, whereas Form I-485 is always needed when adjusting status within the United States to that of Lawful Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay.
The current estimated I-539 processing time ranges from 5 to 14 months, depending on the type of nonimmigrant status requested or extended, ing to the USCIS website.
Form I-539 Eligibility Individuals who are currently in the U.S. on a valid nonimmigrant visa, such as students, visitors, or temporary workers, may be eligible to file Form I-539 to request an extension of their authorized stay or a change to a different nonimmigrant status.
Provide the I-539, with all your accompanying documentation (e.g., marriage or birth certificate (depending on relationship), I-94, copy of EAD if applicable, etc.), plus documentation that your spouse is in valid H-1 status (copy of spouses I-797, I-94, copy of passport biographical page, copy of current entry visa
Form I-539 Cost The current filing fee for Form I-539 is $470. Applicants may also be required to pay a biometrics fee of $85 after applying.

People also ask

You can check your eligibility to form I-539 online by visiting the CIS Eligibility webpage . Please note that you can only file form I-539 online if you are applying only for yourself, without co-applicants (without form I-539A).
Can I stay in the U.S. while I-539 is pending? Yes, ing to the USCIS Form I-539 instructions, you can stay in the U.S. while your Form I-539 application is pending, as long as you filed the application before your current authorized stay expires.

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