Advice !

[Shuki 4]

I`d appreciate for an advice if possible

1. I entered on J1 visa which expired on 9.20.2012 but before expiration i filed for extension and change of status to B2 till 12.25.2012 Now my question would be since i still didnt got any answer on that matter wheter i am rejected or approved on B2 and my flight back is approaching on december.25th what is smartest thing to do now, go back and apply for CR1 visa or file AoS ?

2. In case of filing AoS what would be my current status since my J1 expired and i am still waiting for answer on B2 ?

Thx in advance

[hmh33 117]

Was your J-1 subject to the 2-year home residence requirement?

I think if you don't mind not being able to leave the US for the next 2-3 months, and can afford the roughly $500 more that it will cost compared to the immigrant visa, the best thing to do is file for adjustment of status now. It doesn't matter that your existing status is expiring soon. It wouldn't even matter if your change of status to B-2 was rejected. When asked for your current status, put "Pending I-539 B-2".

Edited December 5, 2012 by hmh33

[Shuki 4]

Was your J-1 subject to the 2-year home residence requirement?

I think if you don't mind not being able to leave the US for the next 2-3 months, and can afford the roughly $500 more that it will cost compared to the immigrant visa, the best thing to do is file for adjustment of status now. It doesn't matter that your existing status is expiring soon. It wouldn't even matter if your change of status to B-2 was rejected. When asked for your current status, put "Pending I-539 B-2".

No my J1 wasnt subject to 2y home residence

What can happen in case i file my AoS package after 25th of december ? Does it gonna affect interview somehow later on maybe ? I`d file AoS right now but we`r gathering all the info, tax forms, wages, bills...etc... and i am just abit sceptical what can happen in case i file AoS after my desired date for B2 axtension passes or if i get answer for B2 meanwhile cos even if i get approved my B2 status will be till december 25th cos that`s the date till i asked for extension !

Cheers

Edited December 5, 2012 by Shuki

[Hypnos 6,576]

When filing for AoS as an immediate relative of a US citizen, any overstay is forgiven.

This does not apply in your case, however, since you have been in a period of authorised stay for your entire duration in the US. Once you applied for a change or extension of status you entered a new period of authorised stay called "tolling". This persists until either (a) your application is approved, or (b) your application is denied (at which point you are usually given 30 days to leave the US).

[hmh33 117]

When you file for adjustment of status, you enter a new period of authorized stay until it is adjudicated. Any overstay between 25th December and whenever you file the adjustment of status won't be an issue as long as the adjustment of status is approved. Even if the adjustment of status is denied (rare and extremely unlikely unless there are important details you haven't told us), your overstay would be less than 180 days so it shouldn't have much impact.

[Shuki 4]

When you file for adjustment of status, you enter a new period of authorized stay until it is adjudicated. Any overstay between 25th December and whenever you file the adjustment of status won't be an issue as long as the adjustment of status is approved. Even if the adjustment of status is denied (rare and extremely unlikely unless there are important details you haven't told us), your overstay would be less than 180 days so it shouldn't have much impact.

Thx a bunch