Greetings from Singapore / Changi !
So - I entered on F2 (D/S on I-94). Hubby got H1 - my COS application did not get filed until 90 days of hubbys COS approval.
As of yesterday (9/15), I left the country - before any determination on my COS application was made. As of today (9/16) INS hasn't made a decision on my application. (No RFE - nothing)
Result -> Can I assume COS is abandoned? And also, I have Fedexed letter to INS to withdraw the application.
Rule for D/S: No unlawful presence begins to accrue until a determination is made by INS denying a COS (Clear rule exists visa memo by the Dept of State)
Question:
1. Was I out-of-status : Probably, Yes or No ?
2. Did I accrue unlawful presence time ? Yes or No ?
I think a resounding NO.
Next Step - apply for H1 Visa at Consulate
What to expect ? How should I prepare? How do I convince an "anal" consular officer ?
So - I entered on F2 (D/S on I-94). Hubby got H1 - my COS application did not get filed until 90 days of hubbys COS approval.
As of yesterday (9/15), I left the country - before any determination on my COS application was made. As of today (9/16) INS hasn't made a decision on my application. (No RFE - nothing)
Result -> Can I assume COS is abandoned? And also, I have Fedexed letter to INS to withdraw the application.
Rule for D/S: No unlawful presence begins to accrue until a determination is made by INS denying a COS (Clear rule exists visa memo by the Dept of State)
Question:
1. Was I out-of-status : Probably, Yes or No ?
2. Did I accrue unlawful presence time ? Yes or No ?
I think a resounding NO.
Next Step - apply for H1 Visa at Consulate
What to expect ? How should I prepare? How do I convince an "anal" consular officer ?