pinkmurcielago
New Member
I recently was laid off in January 2009 and filed a Change of Status within 10 days for a B2 tourist visa from a H1-B. Unfortunately the lawyer I hired said that I did not have to submit a personal statement or evidence of leaving the country (like a one-way air ticket) and that USCIS would request for this if they needed it. The lawyer also did not submit my original I-94 along with the I-539.
So things went south and I have just received a rejection letter, stating that I should have given all of these documents. It turned out that USCIS did not ask for more information and just sent a denial straight away. The letter said that I should depart the US before the date of my I-94 expiration date or when I am out of status.
Obviously I wasn't prepared for this because the processing time was supposed to be 3 months but I received a response in 1.5 months, so I still need some more time to pack up and leave.
1. Was it wrong to assume that USCIS would ask for more information?
2. How many days do I have left to pack up and leave? I hear some say "ASAP", 2 weeks and 30 days. I can leave ASAP but will probably have to come back in again for maybe a few more weeks to really pack up my things and sell off my car. Since I've been rejected, will I have trouble coming in on a visa-waiver program (my country is on the list of visa-waivers) or should I try to obtain a visa from the consulate before flying there? Would it even be possible? I cannot imagine asking my friends to pack up my things for me....
2. Is there a possibility to file a motion to reconsider by sending them the information that they had needed with the change of status? Will I still be lawfully staying if I do file a motion?
Thanks for your help!!!!!
So things went south and I have just received a rejection letter, stating that I should have given all of these documents. It turned out that USCIS did not ask for more information and just sent a denial straight away. The letter said that I should depart the US before the date of my I-94 expiration date or when I am out of status.
Obviously I wasn't prepared for this because the processing time was supposed to be 3 months but I received a response in 1.5 months, so I still need some more time to pack up and leave.
1. Was it wrong to assume that USCIS would ask for more information?
2. How many days do I have left to pack up and leave? I hear some say "ASAP", 2 weeks and 30 days. I can leave ASAP but will probably have to come back in again for maybe a few more weeks to really pack up my things and sell off my car. Since I've been rejected, will I have trouble coming in on a visa-waiver program (my country is on the list of visa-waivers) or should I try to obtain a visa from the consulate before flying there? Would it even be possible? I cannot imagine asking my friends to pack up my things for me....
2. Is there a possibility to file a motion to reconsider by sending them the information that they had needed with the change of status? Will I still be lawfully staying if I do file a motion?
Thanks for your help!!!!!
