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 during which time i was out of status, which is not allowed by law. It says that by law I can be in US no early than 1 month prior to start of school. I was under impression that as long as I file for COS before expiration of my H1B/i94, the expiration date should not matter because the case is pending. The letter does not 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?
Any of you have some experience regarding this? Also, if I were to go back in my home country and reapply for F1, is it better to put myself as a sponsor and show my US bank statement (I have more than enought funding for the school), or should I put my elder brother who has a GC and is currently working? Would putting my brother as sponsor/co-sponsor be against my favor (since he has GC , Home, and good job, maybe the counsulate will assume that i'll be more inclined to stay at US)?
Any help would be greatly appreciated. tHANKS