H-3 pending

Gadi

New Member
Hi,

I sent a request for a change of status from B2 to H3 visa. After receiving a RFE and replying back, I have been pending for a final decision for over 5 months. My B2 visa has expired 5 months ago and what I've been suggested is to leave the country and withdraw my request since I am risking the chance of staying illegally for over 6 months.

My question is - am I considered illegal as for staying over 6 months after my visa has expired by pending for a status adjustment? Will I have any problems at the immigration department at the airport for when I do eventually leave the country by staying over 6 months (in case I am rejected for my H3 application)?

Thanks and have a fantastic week.
 
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