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?
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 ..."