# Pending change of status application



## ivastoya (May 8, 2012)

I have applied for a change of status from M-1 to B-2. My application was received by USCIS 2 months and 1 week ago. According to their website, it takes 2.5 months for them to process change of status applications. I won't be able to wait much longer because my I-94 expires soon, so I was thinking to call them and ask what dates they are currently processing. I think I would need to talk to an Immigration Officer directly (not a customer service representative). Is it a good idea if I contact a lawyer and let him/her call? 

Also, I read that it's ok to wait for the letter (that it is ok to remain in the U.S. until one receives the approval/denial notice). But what happens if it's a denial? I read that one then has accumulated overstay retroactively. This makes no sense to me. Is this true? And what are the consequences for future visits (future visitor visas) to the U.S.?


----------



## Davis1 (Feb 20, 2009)

ivastoya said:


> I have applied for a change of status from M-1 to B-2. My application was received by USCIS 2 months and 1 week ago. According to their website, it takes 2.5 months for them to process change of status applications. I won't be able to wait much longer because my I-94 expires soon, so I was thinking to call them and ask what dates they are currently processing. I think I would need to talk to an Immigration Officer directly (not a customer service representative). Is it a good idea if I contact a lawyer and let him/her call?
> 
> Also, I read that it's ok to wait for the letter (that it is ok to remain in the U.S. until one receives the approval/denial notice). But what happens if it's a denial? I read that one then has accumulated overstay retroactively. This makes no sense to me. Is this true? And what are the consequences for future visits (future visitor visas) to the U.S.?


you can wait until you get reply ... be prepared to leave the US immediately if denied
to prevent any future problem 
if they consider you application frivolous all visa are canceled

its never a recommended way to do things...always better to leave and come back with a proper visa


----------



## ivastoya (May 8, 2012)

Thanks Davis for your reply. Well as I mentioned, even if I wait until I get the approval/denial letter I may already accumulate overstay in case it's a denial. Because first they say it's ok to wait for the letter (one is legal in the country as long as an application is pending), but then if it's a denial, one accumulates overstay retroactively. I just wanted to post this here to see if anyone else has encountered this issue. I will have to leave the U.S. next week in case I don't receive a reply from USCIS by then, even if they later approve my application. Because in case it's a denial, I don't want to accumulate overstay and in the future never be able to come back to visit. I read that it's very difficult to call them and talk to someone who can give you any specific update on your case.


----------



## Guest (Aug 1, 2012)

I think it would be a great help to call the immigration...for your peace of mind too. I did that while waiting for my green card. It took them forever to send it and I am so worried. I called the immigration and gotvthe assurance as to until when I have to wait for my card to arrive


----------



## Davis1 (Feb 20, 2009)

whee2 said:


> I think it would be a great help to call the immigration...for your peace of mind too. I did that while waiting for my green card. It took them forever to send it and I am so worried. I called the immigration and gotvthe assurance as to until when I have to wait for my card to arrive


unfortunately the goverment does not have an advice service 
there helpline is contractors with a script 

and rembers what the Supremes said ..No goverment employee has to 
tell any member of the public the truth


----------

