Adjustment of Status Rejected
I'm currently in a legal debacle. I am a Canadian citizen has been living in the United States on a H1-B visa for the last 4 years. I terminated my employment at my employer about 2 months ago and filed for a change of status from a temporary worker to a tourist. I plan to leave the US in 1 month indefinitely.
The application for change of status was denied stating that I failed to explain the reason for my request, why the extended stay would be temporary and the effect the extended stay may have on my foreign employment. I did include this information in a personal statement, so it seems that they didn't even read the personal statement.
Given that it has been denied, I believe I fall into an "out of status" category. Given that I can't appeal the decision, I am considering the following options:
1. Remain out of status in US for 1 more month before flying out - Seems like low risk since I would only be out of status for a month and then leave for a long time
2. Go to Canada and attempt to return as visitor: Seems like higher risk - Given that I have lived in the US for 4 years, the border agent will have reason to question my claim that I will only be a tourist
Could you kindly suggest a course of action and their associated risks?
thanks in advance,