I have a I 539 application pending.My receipt date is august 26.no answer as of yet.should I be worried? 4 Answers as of December 07, 2010

The I 539 I filled is for a change from j1 to b2.Does it depend on the state from which I apply? Do some states take longer than others? I applied from Michigan. Otherwise I am Macedonian and my work permit as a j1 expired September 27(date on visa stamp)whereas I 94 states D/S(J1).

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I have your question, and I hope that I am not too late for the help you need. The issue is what you can do with a J-1 visa in a change of status to a B-2 travel visa. The fact is that you cannot. You must return to your country to apply for a B-2 visa. Your visa expired on September 26th. You must return to your country since you have overstayed. You have 6 months beyond your expiration date to return without penalty, otherwise you are subject to a 3 year ban, that could increase to a 5 or 10 year ban from even applying for entry into the USA. However, you may be able to apply for a waiver of your 2 year period in which you must be in your country before you can reapply for another J-1. If you have more questions, call or e-mail me. Best to you.
Answer Applies to: California
Replied: 12/7/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, it can take 3-4 months for a decision to be made. As long as you filed it and have proof of filing (receipt notice), you should be fine.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/30/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Probably not; give it some more time.
Answer Applies to: Virginia
Replied: 11/13/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
No. I-539 takes 90 days.
Answer Applies to: California
Replied: 11/12/2010
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