I applied for I-539 in October for conversion to F1 (PhD) starting Jan 3rd 2012. My H1B along with I-94 expired on Nov 30th 2011. USCIS denied my application on Jan 26th stating that there is more then 30 days gap between my H1 and F1 and I am out of status. I have 34 days of gap between H1B expiration and I-20 start date. I am completely in shock given that my school international student advisor does not know this rule and now I am asked to leave the country. I will be leaving in next week.
I have completed all the required course work except dissertation. All through my stay in US, I have been associated with the university (masters and then ful time job as research associate) and never had any issues with visas (First F1 - OPT - H1B and extension for one year). Now I am planning on attending F1 visa interview back in my country. I have 100% funding and colloborations with researchers back in my home country and I have enough evidence to show strong ties to come back after my PhD. I have a US born baby and husband is currently on H1B (no green card processing as of now). Please let me know I have any chane of getting the F1 or this overstay is going to impact all my career in US. In case if F1 is not approved, will I have problems in gettign my H4 as well becasue of this overstay?
Any kind of informaiton in this regard would highly be benificial.