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Withdraw I539 application
I had filed from I539 (change of status from H-4 to F-1) and sent it to USCIS. They received the case on September 09, 2016. I received form I-797C on September 13, 2016 from them. I have not received the final approval of my case (it has been 5 months). I also got to know through USCIS customer service that my case will take at least 2 months more to process. I have planned to go to India end of February. Is it advisable to withdraw my application from USCIS and directly go for F-1 visa stamping in India? Will this be a problem while reentering USA?
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There is no need to withdraw. When you leave the US it will be automatically abandoned, as you no longer have any status to change.
This is my personal opinion and is not to be construed as legal advice. -
Thank you for the reply.
However my concern is whether my withdrawal of the petition will create any issue when I go for my F1 visa stamping in India and while re-entering USA.Comment
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Don't withdraw. Just go to apply for the visa in India and show the I-539 receipt if asked about whether you overstayed your previous stay.
This is my personal opinion and is not to be construed as legal advice.Comment
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did you resolve it?
Hi, did you resolve this issue? I am in the same situation. I am debating between abandoning my I539 and staying to wait for 3 more months. My problem is that I got a very nice summer internship offer (good pay and promising for career development). i need to be on F1 and use my CPT for the internship. This I539 process takes forever and I can't afford waiting for it any more.Originally posted by prerna125 View Post
Let me know please. Thanks!Comment
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Guys,
I am on the same boat. Planning to goto India for F1 stamping as COS is taking a very long time. Please suggest based on your experiences. Also is it advisable to go in the middle of the semester?Comment
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