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How to cancel a pending I-539 ?

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How to cancel a pending I-539 ?

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Old Apr 9th 2004, 5:09 am
  #1  
Sachin
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Posts: n/a
Default How to cancel a pending I-539 ?

*crossposted to alt.visa.us and misc.immigration.usa*

In December, I filed an I-539 to change status from F1 OPT to J1 (F1
status was expiring in mid Feb)

My original plan was to have the J1 by march, and work thru this summer.
However, the J1 approval has not come yet after more than a few months.

Due to technical issues and circumstance, I have decided that it is not
worth waiting any more just to have the J1 from May till July.

I would like to cancel my change-of-status application. How is this done?
If I cancel it now, will I get a new I-94 back (from vermont) giving me
30-60 days to leave the country? That would be ideal, since I would leave
mid-May. How long would they take to process the cancellation?

I will, however, be applying for an F1 from back home to (hopefully) attend
law school this fall. If I just cancel my application, pack up and leave
without receiving a new I-94, will it cause problems when coming back in
with the F1 in August?

thank you

-sachin
 
Old Apr 9th 2004, 4:21 pm
  #2  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: How to cancel a pending I-539 ?

On Fri, 09 Apr 2004 13:09:51 -0400, sachin wrote:

    > *crossposted to alt.visa.us and misc.immigration.usa*
    >
    > In December, I filed an I-539 to change status from F1 OPT to J1 (F1
    > status was expiring in mid Feb)
    >
    > My original plan was to have the J1 by march, and work thru this summer.
    > However, the J1 approval has not come yet after more than a few months.
    >
    > Due to technical issues and circumstance, I have decided that it is not
    > worth waiting any more just to have the J1 from May till July.
    >
    > I would like to cancel my change-of-status application. How is this
done?

You write a letter to the USCIS office where the I-539 is pending. Send it
certified mail, return receipt requested.

    > If I cancel it now, will I get a new I-94 back (from vermont) giving me
    > 30-60 days to leave the country? That would be ideal, since I would
    > leave mid-May. How long would they take to process the cancellation?

Cancellations aren't actually "processed." Rather, the cancellation is
effective immediately the day you mail the letter. As such, you wouldn't
get an I-94 back. If you are still in valid F-1 OPT status, your old I-94
would continue to be valid. Otherwise, you would have to leave the USA. Be
sure to keep a copy of the receipt notice from the I-539, the cancellation
letter, the return receipt, and the boarding pass from when you leave the
USA.

    > I will, however, be applying for an F1 from back home to (hopefully)
    > attend law school this fall. If I just cancel my application, pack up
    > and leave without receiving a new I-94, will it cause problems when
    > coming back in with the F1 in August?

Shouldn't. Writing the letter is probably good, but just leaving without
doing so is also an acceptable approach. By leaving, you are considered to
have abandoned the J-1.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Apr 10th 2004, 4:16 am
  #3  
Sachin
Guest
 
Posts: n/a
Default Re: How to cancel a pending I-539 ?

    > > If I cancel it now, will I get a new I-94 back (from vermont) giving me
    > > 30-60 days to leave the country? That would be ideal, since I would
    > > leave mid-May. How long would they take to process the cancellation?
    > Cancellations aren't actually "processed." Rather, the cancellation is
    > effective immediately the day you mail the letter. As such, you wouldn't
    > get an I-94 back. If you are still in valid F-1 OPT status, your old I-94
    > would continue to be valid. Otherwise, you would have to leave the USA.


Do you have any idea when I would have to leave? I will need ~30 days to get
my affairs in order.

thanks
-sachin
 
Old Apr 11th 2004, 6:10 pm
  #4  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: How to cancel a pending I-539 ?

On Sat, 10 Apr 2004 12:16:10 -0400, sachin wrote:

    >> > If I cancel it now, will I get a new I-94 back (from vermont) giving
    >> > me 30-60 days to leave the country? That would be ideal, since I
    >> > would leave mid-May. How long would they take to process the
    >> > cancellation?
    >> Cancellations aren't actually "processed." Rather, the cancellation is
    >> effective immediately the day you mail the letter. As such, you
    >> wouldn't get an I-94 back. If you are still in valid F-1 OPT status,
    >> your old I-94 would continue to be valid. Otherwise, you would have to
    >> leave the USA.
    >
    >
    > Do you have any idea when I would have to leave? I will need ~30 days to
    > get my affairs in order.

In that case, cancel the day before you leave.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old May 9th 2004, 2:40 pm
  #5  
Mahadev Karadigudda
Guest
 
Posts: n/a
Default US Visa

All,
I applied for my US Visa revalidation(within US) about 2 months
back. My application has been returned with request for additional
documentation.

Has anybody gone thourough this? If so, when we re-apply(with
the documents asked for) does it take another 3 months to process?
or does it continue from the point of application was returned(for
more documentation).

Thanks.
--

Regards - Mahadev
[email protected]
 

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