Leaving the US while waiting for change of status to be approved? What chances do I have to re-enter the US on another Visa.

UPDATED: Oct 1, 2022

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Leaving the US while waiting for change of status to be approved? What chances do I have to re-enter the US on another Visa.

I have arrived in New York at the end of May,2018 on a J1 Work and
Travel program Not subject to the 2 years rule with an expiration date
30 september. Throughout
my grace period I applied for a B2New Link Destination
urist Visa.
After a while I got a letter from USCIS in which is written that my case
is being proccessed.
I’m wondering what is going to happen if I leave the country before
recieving their answer, besides that they will consider my application
as abondoned.
And further more for what type of visa should I apply once I’m back in
my country, since I’m still a undergraduate student.
I would be glad if you estimate my chances for obtaining a J1 Work and
Travel, Internship or a F1 Student Visa.
Thank you.

P.S – The actual question is in the ‘Subject – Title’ of the question

Asked on January 31, 2019 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you leave before the application for change of status to B-2 is approved, it will be considered as abandoned and if you wnat to reenter, you'd need to reapply for a different type of visa.  what kind of visa will depend largely on what you plan to do when you return to the US.  If it is to sightsee, etc, then B-2 is appropriate.  If you want to study, then F-1 is appropriate, etc.

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