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redur47

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

    in Student & Exchange Visitor Visas

    Posted · Edited by redur47

    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 ? 

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

    in Student & Exchange Visitor Visas

    Posted

    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? 

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

    in Student & Exchange Visitor Visas

    Posted

    3 minutes ago, geowrian said:

    So let me confirm some circumstances...histories are always helpful.

    1. OP is the beneficiary of an I-130 petition in the F2A category.
    2. OP came to the US with a J-1 visa.
    3. J-1 was about to expire, but applied for COS to B-2.
    4. Wrote a letter to change COS application to F-1. (see prior posts) Letter was not acknowledged other than a cookie-cutter "track your case status online or call us" response.
    5. OP has previously stated that he wants to remain in the US so he can stay with his wife.
      1. NOTE: Immigrant intent is not permitted for F-1 or B-2, so this is an issue.

    There is no timeline for USCIS to adjudicate the COS. They get to it when they get to it. The average is within 4.5 months.

    Typically re-opening the case means they had made a decision and then are reviewing it again.

    Thank you for answer. so will i wait 5 more month for decide? .  If i leave before Uscis decide about my B2 , what will happen ? Will i get 3 years ban ?

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

    in Student & Exchange Visitor Visas

    Posted

    Hi everyone,

    I applied to Change of Status from J1 to B2 on September and than i got a RFE letter from USCiS on February. I replied to them on March 12 and than i didn't get any letter or answer from USCiS by 22th May. My case number  was updated at 23th May and it says that On May 23, 2018, we reopened your Form I-539, Application To Extend/Change Nonimmigrant Status, Receipt Number WAC1xxxxxxxx, and are reconsidering our earlier decision. We sent you a notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your notice by June 22, 2018, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

    I have two questions about that:

    What should i do now ? How long will take the answer ? 

    Thank you,

    change of status J1 to F1

    in Student & Exchange Visitor Visas

    Posted

    16 minutes ago, Coco8 said:

     

    At this point do whatever you want. You are basically saying you are trying to change to other visas only to be able to stay in the US, not because you actually want that visa. That is WRONG. 

     

    You are just wasting everyone's time on the board.

    No, if i get f1 Visa i will start to school,  i want to stay here until august because my wife live here,  and i don't want to be illegal,  i want to stay legaly

    change of status J1 to F1

    in Student & Exchange Visitor Visas

    Posted

    6 hours ago, Coco8 said:

     

    They will not accept your application. I have already told you why. Classes have already started. It can take them up to 6 months to reply. You have already overstayed your current visa and should not be in the US.

     

     

    it doesnt matter if i get approved or not,  i Just want to stay couple more month legaly 

    change of status J1 to F1

    in Student & Exchange Visitor Visas

    Posted

    On 04.01.2018 at 2:51 PM, Coco8 said:

    You cannot get an F1 earlier than 30 days before starting classes. When do classes start? 

     

    I think you are making a huge gamble here. You had a J1, now you have a B2, and you want an F1. You seem to basically want to stay in the US doing nothing for a year since classes start in September again. That is a big no-no and it can hinder your chances at getting the F1.

     

    Taking into consideration that changing to an F1 in the US can take up to 6 months and a lot of people on VJ have been unsuccessful. Your case will raise a lot of red flags too because of all your changes of status.

     

    You should go home and apply for an F1 there.

     

    I think the letter is because you want to change from J1 to F1 but now you cannot do that because the J1 expired. They are considering your case as an "inquiry", maybe it got put together with your previous request to change from J1 to B2. 

     

     

     

     

    i sent one more time and They got my application a weeks ago. how long time i should to wait ? and if they declined my application, Can I appeal? 

    Getting Married With GC Holder

    in What Visa Do I Need - Family Based Immigration

    Posted

    16 hours ago, SusieQQQ said:

    If you do consular processing you get an immigrant visa; when you enter the US with that immigrant visa you then (immediately) become a LPR/green card holder - a technical difference vs “gettIng a green card right away” after the interview -  you cannot be issued a green card before you enter the US (and if for some reason the visa expires unused, you don’t get a green card). Under this scenario there is no AOS required.

    which step i should show the i-864 ? 

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