I am an Indian citizen in US on H1B work visa and I am getting into this situation due to various immigration bans. I received my H1B renewal acceptance notice (I797) in May after the stamp expired on April. Now since the consulates were closed and then the H1B stamping ban happened I have not been able to get a new stamp. I am in status due to the extension of stay I94 in I797 so can continue working. My wife was on a F1 visa in the last year of her PhD program, her courses are all done so all she was doing is continuing enrollment for finishing dissertation. The new F1 only-online course no permission to stay order is putting her in a difficult spot. I was considering making her apply form I539 to changer he status from F1 to H4. My question is : can she file I539 form legally (with it being accepted) if I do not have a valid H1B stamp but only valid H1B status (due to the extension of stay I94 in the I797 notice)?

User's Location: Austin, Alabama, United States of America

Category: H1B Visa (Work Visa)