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

[redur47 0]

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,

[redur47 0]

Up

[SusieQQQ 11,586]

9 minutes ago, redur47 said:

Up

Errr...lol, post around midnight-2am depending on time zone and bump 8 hours later? I don’t think people stay up all night to answer VJ... I’m sure someone will come along sooner or later and respond!

[milimelo 4,477]

And you’re now out of the country?   

What exactly is your question? Seems like you had at minimum 5 months in the US already if not more. 

[redur47 0]

6 minutes ago, milimelo said:

And you’re now out of the country?   

What exactly is your question? Seems like you had at minimum 5 months in the US already if not more. 

I am still in the USA. so i didn't go anywhere.  I want to know ,What does mean  case was reopened and How long does it take Uscis to respond for my application ? 

[geowrian 22,337]

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.

[redur47 0]

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 ?

[geowrian 22,337]

8 minutes ago, redur47 said:

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 ?

You will need to wait for however long it takes, or leave the US and abandon it.

While your COS is pending, you are not accruing unlawful presence. The 3/10 year bar kicks in starting upon exit with 180+ days of unlawful presence. So if you had no unlawful presence before filing a non-frivolous COS application, then you should not have a bar if you exit before they adjudicate it since you would have 0 days of unlawful presence.

[SusieQQQ 11,586]

 

42 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.

Thanks for taking the trouble to do this. I don’t see how posters can expect proper answers when they only provide a third of the story. This history is clearly critical to the response. In this case I’m inclined to think the “reopening” is short hand for “we’re not as dumb as you think we are”, but agree that it will probably come down to whether or not uscis deem the CoS application frivolous especially in light of OP’s history.

Edited May 29, 2018 by SusieQQQ

[Boiler 45,499]

Begs the question why it matters, lets say the OP asked for 6 months in September, well they have gone past so he is out of status.

 

Is the issue determining the length of any ban?

[geowrian 22,337]

8 minutes ago, Boiler said:

Begs the question why it matters, lets say the OP asked for 6 months in September, well they have gone past so he is out of status.

 

Is the issue determining the length of any ban?

Good catch on the timeline...yeah, the time requested would have passed by now anyway.

[Roel 7,192]

Ban is one thing, but the AOS will probably get denied if OP gets out of status at any point. My advice would be to leave US just to be safe..  

[mlh 93]

10 hours ago, Roel said:

Ban is one thing, but the AOS will probably get denied if OP gets out of status at any point. My advice would be to leave US just to be safe..  

I thought you couldn't AOS for an F2A anyway.  If I remember correctly, it's taking about 2 years for an F2A, so I think the OP would have to return to his country anyway, or he would accrue days out of status that are not forgiven if your spouse is a permanent resident rather than a US citizen.

 

Please correct me if I'm totally off base...

[SusieQQQ 11,586]

2 minutes ago, mlh said:

I thought you couldn't AOS for an F2A anyway.  If I remember correctly, it's taking about 2 years for an F2A, so I think the OP would have to return to his country anyway, or he would accrue days out of status that are not forgiven if your spouse is a permanent resident rather than a US citizen.

 

Please correct me if I'm totally off base...

One assumes this constant changing of status is precisely to try find legal ways to remain in the US until his priority date becomes current, at which point he would be able to AOS. However it seems his luck ran out.

[Coco8 1,042]

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.