Change of Status(J1 to B2) Case Was Reopened For Reconsideration

[redur47 0]

15 hours ago, Coco8 said:

OP, why would you through the possibility of a green card out a window? Just leave to your country and wait your turn. You'll get a ban and there is no waiver in your case.

I already not staying illegal now . I will leave if i get denied from my application. 

[Boiler 43,429]

7 minutes ago, redur47 said:

I already not staying illegal now . I will leave if i get denied from my application. 

So what is your current status?

[redur47 0]

6 minutes ago, Boiler said:

So what is your current status?

I don't have any status now . I just have an application for Change of Status.  I had J1 but its expired 10-25-2017 

[Boiler 43,429]

So you are staying illegally.

[redur47 0]

Just now, Boiler said:

So you are staying illegally.

Can you explain that ?  How i am stay illegally ? I talked with Uscis 3 weeks ago and they said you can stay until your application pending. 

[Coco8 1,039]

1 hour ago, redur47 said:

I already not staying illegal now . I will leave if i get denied from my application. 

I think you don't know how risky trying to change status within the US is. Once your application is denied you will have 0 days to leave the country. If you don't, you are immediately out of status which will risk your pending visa/green card.

[SusieQQQ 11,584]

1 hour ago, redur47 said:

Can you explain that ?  How i am stay illegally ? I talked with Uscis 3 weeks ago and they said you can stay until your application pending. 

Firstly, you are well past the 6 months you applied for. Even if it's approved, you should have left by that 6-month date. That makes you illegal. Otherwise anyone could just constantly file frivolous COS applications and stay "legally" for ever.

 

But secondly and probably more important for you, you are making the same mistake many do, which is confusing the "authorized stay" you get while waiting to hear on an application, with actual overstay (which effectively becomes retroactive if you are denied).

I'm assuming this bit is going to come as a surprise to you, but you should have found this out before you filed for COS :

If we deny your change of status application, you will be considered to have been “out of status” for the entire period following the expiration of your original nonimmigrant status and will be required to depart from the U.S. immediately upon notification of such denial of status.

See page 13 https://www.uscis.gov/sites/default/files/USCIS/About Us/Electronic Reading Room/Customer Service Reference Guide/Nonimmigrant_Services.pdf

 

 

[Boiler 43,429]

1 hour ago, redur47 said:

Can you explain that ?  How i am stay illegally ? I talked with Uscis 3 weeks ago and they said you can stay until your application pending. 

We do not know the nature of your conservation but it is not called the misinformation line for nothing.

 

C 9 months ago you applied to change your status to a B for presumably 6 months, so how could you not be out of status?, even if your change had been approved you would still have to have left a long time ago.

[redur47 0]

32 minutes ago, SusieQQQ said:

Firstly, you are well past the 6 months you applied for. Even if it's approved, you should have left by that 6-month date. That makes you illegal. Otherwise anyone could just constantly file frivolous COS applications and stay "legally" for ever.

 

But secondly and probably more important for you, you are making the same mistake many do, which is confusing the "authorized stay" you get while waiting to hear on an application, with actual overstay (which effectively becomes retroactive if you are denied).

I'm assuming this bit is going to come as a surprise to you, but you should have found this out before you filed for COS :

If we deny your change of status application, you will be considered to have been “out of status” for the entire period following the expiration of your original nonimmigrant status and will be required to depart from the U.S. immediately upon notification of such denial of status.

See page 13 https://www.uscis.gov/sites/default/files/USCIS/About Us/Electronic Reading Room/Customer Service Reference Guide/Nonimmigrant_Services.pdf

 

 

So you mean, my overstay is began on february,  Did i understand correct? 

[Coco8 1,039]

3 hours ago, redur47 said:

So you mean, my overstay is began on february,  Did i understand correct? 

It started one your J1 and the grace period of the J1 (30 days after expiration) was over. 

 

You better leave now before your change of status gets denied. 

[Boiler 43,429]

May have missed it but what reason did you give for a CoS and how long did you ask for.

[redur47 0]

On 30.05.2018 at 8:16 PM, Coco8 said:

It started one your J1 and the grace period of the J1 (30 days after expiration) was over. 

 

You better leave now before your change of status gets denied. 

Thank you for your advice. I got an appointment from a immirgation lawyer for next thursday and than I will leave as soon as possible. If i leave before decide of Uscis will it be problem for my F2a application ? 

Edited June 3, 2018 by redur47

[Coco8 1,039]

28 minutes ago, redur47 said:

Thank you for your advice. I got an appointment from a immirgation lawyer for next thursday and than I will leave as soon as possible. If i leave before decide of Uscis will it be problem for my F2a application ? 

You do not have to wait for the UCSIS.  The problem will be if you have an overstay and eventually a ban. You have already stayed long.

[redur47 0]

10 minutes ago, Coco8 said:

You do not have to wait for the UCSIS.  The problem will be if you have an overstay and eventually a ban. You have already stayed long.

I already will not wait for the Uscis .I will leave in two weeks.  Do i have overstay now ?  You know  my i94 expired on september.

[Coco8 1,039]

So the issue here was working AFTER your J1 visa ended.

 

That is a different ballgame. The overstay does not matter at this point.

 

And as I had said earlier, why jeopardize an F2A which is a path to green card for all this?