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What if my change of status from F-1 to B-2 is denied?

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  • What if my change of status from F-1 to B-2 is denied?

    Background: My OPT expired 1/17 and USCIS received my change of status request before 3/17. I received an RFE mid May and have responded to them in time. I tried to provide everything they requested (including copy of my plane ticket), however am worried about the proof of residence abroad I had to provide since I have been here as an F-1 student since 2012 and have not been able to buy or rent something back home. The items they requested are impossible to provide for someone who is in my situation and only apply to the average person who applies for a B-2 extension.

    Now I am wondering what will happen if they deny my case. There is an important event I really want to attend in July and I also need time to sell my car all my furniture here. If my case gets denied, can I leave the country and return shortly after on an ESTA? If I do so, I intend to have a return ticket as well - my goal is still to relocate to my home country.

    Here’s a quick summary of my time here:
    • August 2012: entered country on F-1 Visa
    • October 2017: Applied for OPT
    • December 2017: Graduated
    • January 2018: Received EAD & started working after approved date
    • January 2019: OPT expired and stopped working
    • February 2019: Mailed change of status to B-2
    • May 2019: Received RFE
    • June 2019: Received confirmation from USCIS that they received my response to RFE

  • #2
    Originally posted by mdevries View Post
    If my case gets denied, can I leave the country and return shortly after on an ESTA?
    Yes, if the case is denied the best for you would be to leave the country asap & if you can ESTA you can return to finalize the remaining deals.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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