These are good questions to ask the attorney who filed the MTR. Only he or she (aside from your uncooperative DSO) is familiar with the facts of your case and can give you an answer. We know nothing about your case
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You should talk to the attorney who filed, without seeing the decision and basis for denying a change of status, it would be very unwise to render any opinion.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
I can only guess at this point. You should speak with your attorney.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.