I came to the United States on an F-1 visa for my master’s degree, but due to medical reasons, I had to take a leave of absence and return home. I applied for a Change of Status to B-2 once I realized this because I was going to be out of status and did not want to risk an illegal stay. I also applied for I-539 because I did not want to disclose my leave of absence. Three months after that, I left the US while my I-539 application was still pending. What will happen to my immigration status because of this? Will my valid F-1 visa become void?
Answers
Renata Duarte
EB-5 Immigration attorneysIf you departed the U.S. while your Form I‑539 (Change of Status/F‑1 to B‑2) was still pending, USCIS treats it as an abandoned application, meaning it will automatically deny the request. Since you timely filed the I‑539 before your F‑1 status expired, you have not accrued unlawful presence.
As for your F-1 visa, departing doesn't automatically void your valid F‑1 visa stamp. You can still use it to re-enter the U.S., provided your SEVIS (I‑20) record is intact and hasn't been terminated.
If you do not plan to come back to the US, inform your Designated School Official (DSO) of your departure to ensure your SEVIS record accurately reflects your situation.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you left the U.S. before I-539 was approved, it will be considered as “abandoned.” As for F-1, the visa stamp is not valid if you are no attending school anymore and do not have a valid Form I-20.
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