kali
Forum Newbie
Topics: 1
Posts: 25
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Hi guys, thanks for this informative forum. Here's my situation -
I'm currently in the US interviewing for the 2008 match. I entered last Aug 2007 on a B1/B2 10-year multiple entry visa to take the Step 2 CS. The immigration officer at my POE gave me 3 months stay (up to Nov). My original plan was to go home in Oct then come back in Nov when interview season starts. Then I realized I can save on airfare if I just stay all the way through until Jan. So I filed an I-539 application last Sept to extend my stay. It was only after I filed that I found out how long processing will take (as of this writing, they're only processing applications sent last June). I also found out that if I get denied, I may become out-of-status. Not wanting this to happen, I left as planned in Oct. I re-entered in mid-Nov with no problem. My new I-94 says I can stay for 6 months (until May 2008).
My questions are -
1) I heard that some people who've applied for an extension previously on their B1/B2 visa have been denied when they subsequently applied for the J1. This is even after they have secured positions in the match. Is this true? Can this happen to me even though I left way before my deadline in Nov and was never out-of-status?
2) I never informed the USCIS that I left nor did I withdraw my I-539 application, thinking it would be considered null or "abandoned" now since I left the country before the date on my old I-94. Is it a good idea to withdraw my application now before a decision is made, since I don't need an extension anymore? And will doing so affect my current status?
Thank you very much for any input you may have. 
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 143
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Best way is to call USCIS help line 800 #. Tell them your story and ask them if you need to withdraw the application even though you do not have the I-94 mentioned in the application... Also, write a formal request informing the facts.. You are in a good position as you had left within the date range for last I-94 and have come back on a new one..
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