USkathi

I have an approved I-129, so I got the I-797B. My change of status was not approved so I do realize that I need to apply for the visa at a consulate abroad. I'm a little confused as to what the next step is.

The start date on the I-797B is 10-1-09, so I was wondering if I have to apply for a visa before that date, if so, does it matter how long before? Or can I even apply after 10-1-09.

Thanks for all your help!

ian-mstm

You only need to apply before that date if you hope to get the visa in time to enter the US on 10/1/09. Since you don't know how long it will take to get the visa, apply now.


You can apply afterwards if you want, but the clock on your permission starts ticking on 10/1/09 whether you are in the US or not.

Ian

John Manley

If your change of status was not approved, the next question I would have is what is your current status?

This may or may not be an issue for you to discuss on a public forum. You might want to consult with an attorney for preparing you for the visa interview. You should review several issues with regard to your current status. Notably, if you have accrued more than 6 months unlawful presence, you could face a bar from re-entering the U.S. after departure.