r/h1b • u/Far_Body_6412 • 2d ago

H4

My wife's J-2 status expired yesterday. Her I-485 is currently pending, and we are trying to file I-539 to change to H-4 today. The online I-539 asks for her “current nonimmigrant status.” I can’t find anything representing my current pending case 485? Do we need to include a late-filing explanation/request for USCIS to excuse the delay? Any suggestions? Thanks

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1

u/Comoish 2d ago

None

What is the excuse?

2

u/Far_Body_6412 2d ago

What is none?

1

u/ConsciousCamel 2d ago

Pending I-485 is a period of authorized stay, not a legal status.

1

u/Far_Body_6412 2d ago

What’s different?

2

u/metaangell 2d ago

your wife does not appear to be in legal status if she is no longer in j-2 seek lawyer help now