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I-539 is still pending after I obtained my new F1 visa

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  • I-539 is still pending after I obtained my new F1 visa

    I timely filed an I-539 change of status last year before my I-94 expired. The application took longer than I expected to process so I left the US while the case was pending. I have now successfully obtained a new F1 visa at my homecountry and am planning on going back to the US this fall. However, the old I-539 case that I filed over a year ago is still pending!

    I have three questions now:
    1. Shouldn't the case be regarded as abandoned as soon as I left the US two months ago?
    2. Will this pending case (or possibly denied in future) affect my new F1 visa and my chance of entering the US?
    3. Should I inform the USCIS that I have left the country or they will know at some point?

    Thanks!!

  • #2
    Originally posted by luopei94 View Post
    I timely filed an I-539 change of status last year before my I-94 expired. The application took longer than I expected to process so I left the US while the case was pending. I have now successfully obtained a new F1 visa at my homecountry and am planning on going back to the US this fall. However, the old I-539 case that I filed over a year ago is still pending!

    I have three questions now:
    1. Shouldn't the case be regarded as abandoned as soon as I left the US two months ago?
    2. Will this pending case (or possibly denied in future) affect my new F1 visa and my chance of entering the US?
    3. Should I inform the USCIS that I have left the country or they will know at some point?

    Thanks!!
    It was automatically abandoned when you left the US. Since you left before a decision was made, you're all good. You can bring the receipt and any eventual notice of abandonment or decision as proof that you left while it was pending, when you apply for a visa or enter the US in the future.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      It was automatically abandoned when you left the US. Since you left before a decision was made, you're all good. You can bring the receipt and any eventual notice of abandonment or decision as proof that you left while it was pending, when you apply for a visa or enter the US in the future.
      That's really helpful advice. Thanks!!

      Comment

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