H1b to f1 denied because of i94 expiration.

Asked about 4 years ago - Houston, TX

I lost employment early may. I have been going to school while i was on h1b and i only have a semester left. My h1b expired on end of may. my i94 expired on middle of june. Based on recommendation by intl advisor, I applied for COS for Fall semester as soon as my employment ended (within two days).

I received letter of denial last week stating that since my i94 expired on mid june and my semester only starts mid august, there is more than 1 month gap, which is not allowed by law. The letter doesnot say I have to leave in 1 day or 30 days. What are my options at this point? Also, Should I go back and file for f1, or should i stay here and file for MTR?

Additional information

Employment Termination Date: May 3, 2010

H1 valid till: End of May, 2010

I-94 expiration date: Jun 8, 2010

H1 to F1 COS receipt Date: May 8, 2010

H1 to F1 COS denial notice Date: Jun 28, 2010

F1 applied for Fall/2010 semester with school start date of: Aug 20, 2010

Reason for denial:

1) " ... An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20 ..."


2) "... a change of status may not be approved for an alien who failed to maintain the previously accorded status ..."

Attorney answers (1)

  1. Kevin Lawrence Dixler


    Contributor Level 20

    Answered . More information is needed. An experienced immigration attorney needs to read the decision to deny. If the change of status was denied, then it is possible that a finding of unlawful presence was made. This may complicate matters.

    I strongly recommend an appointment with a candid and experienced immigration attorney, who can discuss your options and the potential consequences of consular processing. It is unclear without a thorough review to determine what is the best strategy at this point.

    The above is general information and does not create an attorney client relationship.

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