J2 to J1 status

[Ssam za 0]

I have a question about my nonimmigrant status but allow me before asking my question to give you a short review about my case

 

I have entered the US on September 18, 2014, with J2 VISA, after that I have applied for work authorization and granted it on March 2015. I worked at a university from March 2015 to March 2017. During this period, I have never been in any kind of violation for INS rules.

After that, I got research Scholar position at another university to change my status from J2 to J1 with starting date on April 1, 2017, to April 1, 2018.  During this time, I had a valid J2 status depend on my spouse who was J1 at the first university, which was valid until August 23, 2017. My wife left the US on July 15, 2017, for a family emergency and I stayed with my J2 that was valid until August 23, 2017. For several times, the second university changed my program starting date and the last changing for starting date is November 15, 2017. I need to mention that I am NOT subject to the rule of 212-e.

Recently I have received a letter from USCIS informing me that my application for changing status has been denied (Please see below the letter from USCIS).

Now let me ask my questions regarding my situation,

1-      Is there any way to appeal for reconsidering?

2-       I can get a new I-20 up to 10 days for the change of status to F1 by applying to English courses at the university by starting date of January 3, 2017, or get a new DS-2019 for J1 quickly one more time, so do I have any chance to apply for a change of status one more time?

3-      In USCIS letter second paragraph they mentioned '' An J1 student may be admitted ..  ..  list on form I-20'', in this case, my DS-2019 didn't show me a J1 student and I even didn't have I-20, I applied for J1 research scholar and I had DS-2019, are this two options different? or the law is same for both of them?

4-      If there is a way to appeal for reconsideration and I would like your office to help me with that, how much it will cost me?

5-      If there is no chance to appeal and then I leave the US before 30 days after the USCIS notice, do I have any chance to come back in the US, I mean am I include 3 years bar visa cause I was pending and probably unlawful from July 15^th until now?

 

Thanks a lot in advance for helping and I am looking forward to your answering shortly, as the time is very sensitive in my case.

[Boiler 45,499]

You have to be in status to adjust status.

[Ssam za 0]

13 minutes ago, Boiler said:

You have to be in status to adjust status.

I think you didn't read my questions

 

 

Edited November 1, 2017 by hesam zaeri

[Boiler 45,499]

I did

 

Out of status in July

 

So no means of changing status

 

No ban as you have not acquired 6 months overstay. 

 

Hopefully you can work out the length of your overstay.

 

All factual, what do you have to appeal?

[Coco8 1,042]

I don't want to be rude, but you don't understand the rules. There is nothing you can do (well, other than leave the US).

 

1- Your J2 expired August 23, 2017. You have a 30 day grace and you have to leave your country. 

 

Was your wife's DS2019 valid beyond August 23, 2017? I am guessing not because USCIS told you that you were out of status. 

 

2- You should have left with your wife to your country, and applied for the J1 there. Now, there is nothing you can do. Plus, you have been out of status for over 2 months. If you stay much longer you will have a 3 year ban.

 

3- USCIS is also telling you that someone with a J1 can enter the country only 30 days before the start date of their program (here, 11/15/2017). When they were considering your case, it was way too early. 

 

I have already told this to someone else yesterday: Do not change status in the US. It always goes wrong. 

 

Edited November 1, 2017 by Coco8