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  1. #1
    Join Date
    Nov 2007
    Posts
    17

    Default Change of Status from H1 to F1 Denied, H1 Just Expired

    Hi,
    My h1 was close to expiry when my company applied for "h1" extension to recapture 50 days i was out of country, so basically extension for 50 days.

    While that extension was pending and I had started using those 50 days, I had taken admission in a SEVIS college and applied for a change of status to f1 and in 539 form I put out the start date 15 days prior to my soon-to-be approved h1 expiry date as well as my class start date; Today I saw online that the denial decision was mailed to me.

    My question is, I am over those 50 days and my h1 status is approved but my f1 is denied so I am basically out of status for 3 days now. What are my options ? Can i file MTR and stay here or file for B2 COS ? I cant just leave the country soon, I need time to wrap up and my wife has a medical condition and doctors have advised not to travel until Feb 2013.

    sorry if above got complicated, here is timeline

    Original h1 was expiring nov 05,
    On Oct 04, company applied Extension requesting more time till Dec 22.

    On Nov 15, Extension application was pending but i-94 at hand was expired in nov 05 --- F1 Change of status was received by USCIS
    On Dec 17, H1 Extension filed on Oct 04 was approved, BUT on same day F1 COS Status denied

    Today is Dec 22

    Please tell me how do I stay here and possibly fight this or if I really have to leave, how do I stay here till Feb without creating complications ?

    Thanks
    F

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Change of Status from H1 to F1 Denied, H1 Just Expired

    Is her medical condition pregnancy?

  3. #3
    Join Date
    Nov 2007
    Posts
    17

    Default Re: Change of Status from H1 to F1 Denied, H1 Just Expired

    Quote Quoting T53147
    View Post
    Is her medical condition pregnancy?
    Post-Partum complications

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Change of Status from H1 to F1 Denied, H1 Just Expired

    Illegal presence does not create a ban until 6 months overstay. Since extension I-94 has expired, you cannot do a COS to B-2 since you are already illegally present. However, keep documentation on wife's condition and doctor's recommendation. This will likely make it easier to justify the overstay. F-1 was likely denied since it appeared to be simply a way to remain with a US citizen baby; you may not have immigrant intent for F-1.

  5. #5
    Join Date
    Nov 2007
    Posts
    17

    Default Re: Change of Status from H1 to F1 Denied, H1 Just Expired

    Quote Quoting T53147
    View Post
    Illegal presence does not create a ban until 6 months overstay. Since extension I-94 has expired, you cannot do a COS to B-2 since you are already illegally present. However, keep documentation on wife's condition and doctor's recommendation. This will likely make it easier to justify the overstay. F-1 was likely denied since it appeared to be simply a way to remain with a US citizen baby; you may not have immigrant intent for F-1.
    I want to leave US now but I need some time to pack up. I understand I have 180 days but those are unlawful days. I went to a local attorney who said I can file a "nunc pro tunc" COS application to B2 explaining my situation and get a receipt which will give me a legal status back and I can use the time while the application is pending to pack up, get my sons shots from doctors and get his passport+visa and leave.

    What do you think?

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