H1b to f1 denied because of i94 expiration.

Asked about 4 years ago - Houston, TX

Hello,
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 ..."

AND

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

    Pro

    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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