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  1. #1
    Join Date
    Jul 2010

    Default H1b to F1 Change of Status Denied - I-94 Expired, Out of Status

    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

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: H1b to F1 Change of Status Denied - I-94 Expired, Out of Status

    You can't change your status under those circumstances because you can't go into f1 status until thirty days before the start of your program, and you had a @2 month gap.

    Consider applying for an F1 visa from your nation of origin, then reentering on that visa within 30 days of the start of your program.

    I urge you not to accrue any additional overstay. The longer you stay, the more difficult it will be to get another visa. (Even before you incur a period of ineligibility.)

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