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change of status b2 to f1 denied SEVIS dates- h e l p

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  • #31
    have you applied to the driving test?
    Can we get the driving license while a change of status to F1 is pending?
    let me know if you have any information regarding this?

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    • #32
      Originally posted by needassistance View Post
      have you applied to the driving test?
      Can we get the driving license while a change of status to F1 is pending?
      let me know if you have any information regarding this?
      I don't drive sorry. But planning to learn. The school told me that if you have F1 status you can apply for driver's license.

      Not sure with pending application perhaps check your local DMV in state where you plan to drive.

      Thanks!

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      • #33
        I read through all the posts. And congratulations on your Getting F-1 VISA. So quick question So I get that you got the B-2 extension as well as the F-1 VISA after 6 months of applying F-1. if I can correctly guess one can apply for F-1 after about 90 days entering US on B-2. So all you applied was one B-2 extension with the expiry date as DOS (duration of stay)? Did u apply for another B-2 extension while the original B2 extension was getting processed?

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        • #34
          Originally posted by roychoudhury@houston View Post
          I read through all the posts. And congratulations on your Getting F-1 VISA. So quick question So I get that you got the B-2 extension as well as the F-1 VISA after 6 months of applying F-1. if I can correctly guess one can apply for F-1 after about 90 days entering US on B-2. So all you applied was one B-2 extension with the expiry date as DOS (duration of stay)? Did u apply for another B-2 extension while the original B2 extension was getting processed?
          the purpose of filing B2 extension is , just to be in legal status until your change of status to F1 (not visa) approves.Yeah atleast after 90 days otherwise they will reject the application. for more information visit this page https://www.uscis.gov/working-united...-enroll-school

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          • #35
            Originally posted by justasking2017 View Post
            I don't drive sorry. But planning to learn. The school told me that if you have F1 status you can apply for driver's license.

            Not sure with pending application perhaps check your local DMV in state where you plan to drive.

            Thanks!
            Have you got your approval letter from USCIS and a new I-94? If yes, then until which date?
            please tell me the details.

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            • #36
              helllpppp!!!

              I applied my COS in June,2017,
              Right now it's already March,2018
              My COS and my two extension are all under pending situation.
              I applied the COS and extension via a language institute where they have their own laywer,
              I paid the fee for lawyer for $1,300 and each of the extension for $380,
              But my case is pending for toooooo long.
              Right now I'm aplying for University of Texas at Arlington,
              I thought hopefully I can get my appovel before June so that I can make it to fall semester,
              but today I just called the institute which helped me with my COS,they said that the earliest date I might get my result is on November.(OMG "MIGHT")
              OMG I can't believe it takes soooooooo long.
              Is it because it is a language institute instead of a university, so it takes soooo long?
              What should I do right now?
              I really want to get enroll this fall semester.
              Can I contact the UTA international student center to consult abt my problem?
              Can they do anything to help?

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              • #37
                Originally posted by mia7w View Post
                I applied my COS in June,2017,
                Right now it's already March,2018
                My COS and my two extension are all under pending situation.
                I applied the COS and extension via a language institute where they have their own laywer,
                I paid the fee for lawyer for $1,300 and each of the extension for $380,
                But my case is pending for toooooo long.
                Right now I'm aplying for University of Texas at Arlington,
                I thought hopefully I can get my appovel before June so that I can make it to fall semester,
                but today I just called the institute which helped me with my COS,they said that the earliest date I might get my result is on November.(OMG "MIGHT")
                OMG I can't believe it takes soooooooo long.
                Is it because it is a language institute instead of a university, so it takes soooo long?
                What should I do right now?
                I really want to get enroll this fall semester.
                Can I contact the UTA international student center to consult abt my problem?
                Can they do anything to help?
                sorry to hear all of this. It actually depends on the timeline of USCIS service centers. what are your filing dates for COS and extensions and pending with which service center? on which visa you cane to US?
                you can apply for MS in any university and get I-20 but should not enroll in classes until you get COS approval from USCIS. After approval, you can transfer it to any university or course only if you have admits.

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                • #38
                  Maximum stay after COS denied?

                  I am in the exactly same situation. Anyone know maximum how long must depart the US?

                  I read some source and they said must depart immediately. But the 3/10 year time bar only applies if unlawful presense in the US from 180 days (6 months) onward. Does it meant that we can stay unlawful in the US and depart before 6 months?


                  Originally posted by idkn View Post
                  So.

                  My I 94 expired at 21 April 2016.
                  I applied for change of status 31 March 2016
                  Start date of my classes: 18 April 2016
                  I got denial letter 21 July 2016 with the date 18 July 2016

                  I got denied because according to them SEVIS start date of my classes is 18 July 2016 and its more than 30 days after my i94 expire.

                  I saw the lawyer, he was shocked, I went to the school, they were shocked, after one person in school explained to me that the SEVIS updates every few weeks my classes start date if they still didn't look into my case.

                  On the USCIS website it says that recommendation is to apply 45 days before I94 expire.
                  It says also that while my change of status is pending I'm staying in the US legally.
                  It also says to put the start date of the classes NOT MORE than 30 days after I94 expires.
                  It ALSO says not to apply for change of status 3 months after arriving to the US, because your case will be simply denied.

                  After all this the letter says that from now my stay in US is violation of the law and I need to leave the country right away
                  BUT I can file Motion of Reopen or/and Reconsider the case.
                  -> Which means -
                  as USCIS website says, as soon as I leave the US my case will be denied BUT
                  filing the motion don't put me on legal stay. ( the lawyer and the school said that I shouldn't be worried because as soon as they open the case I will be on "pending" process again which means legal - idk I'm so confused with all this already)


                  Anyways. I would like to know what should I do and how to fix it.

                  The thing is that - let me say some random person - let me name "it": Daryl.
                  So. Daryl comes to US on 1 January.
                  he travels have fun all those cool things.
                  after few months he's like: yeah maybe I should get some knowledge I heard I can apply for change of status in US.
                  So he reads about it, and he sees he can't apply 3 months after arrival and the recommendation is to apply 45 days before his I94 expire.
                  So he find the school, pay all fees (around $500), make an application and send papers 45 days before his I 94 expires. But he is smart and gonna put his classes start date 29 days after his I94 expires. Which should leave him in perfect position because he did ALL that was recommended or required.
                  WOW Deryl have now 74 days to get approved. Which gives us 2 months and 13 days.

                  after 3 months he have no response, but he is not stressed because he'd read that while its pending his stay in US is still legal.
                  after (now however you want) 4 to 8 months he is getting denial letter because SEVIS was updating his start classes date every month his case was not approved (yet).

                  Deryl is terribly sad because he did all the USCIS says, and he also thought that maybe if he do all the USCIS says he may be approved, because but maybe just because while the case is pending his stay was still legal, and maybe if it was still legal after months, while it was pending and SEVIS was changing dates (not because someone did something wrong or too late) it could kinda work. No-one have idea (because no website says - recommendation to apply 45 days before our I94 expire, class start max 30 days after your I94 expires, no applying technically 3 months before I94 expires BUT do some miracle that the SEVIS date is not past date and still maximum 30 after I94 expires and all that while case is pending months.

                  Need real help from smart person who knows the topic and yes I want to go and do my classes and no I don't want to go pay $900 ticket home, another Visa fee, wait up to 8 months and pay $900 to come back to US. So asking for someone who will really be able to help.

                  My school told me to give them the I 290B form and they will take care of it - should I do it? Or maybe would be good to take a lawyer (or it doesn't change anything).

                  What should I do? Help pls.


                  Sorry for that long post and congrats for all who read it.

                  Comment


                  • #39
                    Originally posted by kyothai View Post
                    I am in the exactly same situation. Anyone know maximum how long must depart the US?

                    I read some source and they said must depart immediately. But the 3/10 year time bar only applies if unlawful presense in the US from 180 days (6 months) onward. Does it meant that we can stay unlawful in the US and depart before 6 months?
                    If your application got denied then the grace period should be around 30 days, you must depart with in 30 days(but i am not sure), they will mention on the notice. which of your application got denied? and why? do you know any reason?

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                    • #40
                      Woow, thats a long time? Have you heard from them?

                      Woow, thats a long time? Have you heard from them?

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                      • #41
                        Filing motion / re open case

                        Hi there, I applied my i530 on August 2017, I did also 2 extensions, and today I received a response, finally (almost 1 year exactly of wait) and they denied the COS. I am waiting now for the letter which is supposed to explain the cause for denial as well as the next steps or options, but since I have now 30 days to leave or file a motion, anybody knows how is the process to re open the case? And if it is worth it? Also, is this denial affecting my b1/b2 visa in any way? I saw it might take my tourist visa out and make it harder to get it again (I am on a 10 year tourist visa)

                        I really appreciate any help.
                        Thanks.

                        Comment


                        • #42
                          Originally posted by Jhonatan Kislinger View Post
                          Hi there, I applied my i530 on August 2017, I did also 2 extensions, and today I received a response, finally (almost 1 year exactly of wait) and they denied the COS. I am waiting now for the letter which is supposed to explain the cause for denial as well as the next steps or options, but since I have now 30 days to leave or file a motion, anybody knows how is the process to re open the case? And if it is worth it? Also, is this denial affecting my b1/b2 visa in any way? I saw it might take my tourist visa out and make it harder to get it again (I am on a 10 year tourist visa)

                          I really appreciate any help.
                          Thanks.
                          did you file your extensions on time? were you deferring your admissions every semester timely? your classes start date must be in future when they review your application. which service center were taking care of your case?

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                          • #43
                            They had sent an RFE a month ago. After responding them I got my Approval notice this week .
                            Thanks all of you for helping me with your comments.

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                            • #44
                              Originally posted by justasking2017 View Post

                              I am not expert, but what I did is: I filed another I-539 before my I-94 expires, I refered my I-539 COS Receipt # and did not mention 6 mos extension, I just requested extension until they make a decision for my I-539 COS.

                              I am happy to assist but did you talk to your school? Maybe reach out to them too so they can guide you. I am not really expert and I don't want to give you wrong advise. All I can share are things I have done but not necessarily will be the best for you. Also if you can afford, best is to have a lawyer.

                              When is your I-94 expiring? Which center will process your I-539 COS?

                              Thank you.
                              In I-539 to bridge the gap while waiting for the COS approval, at part 3, I/We request that my/our current status be extended until (mm/dd/yyyy). What date should I enter? How can I provide the reference for the already filed I-539 for change of status from B2 to F1? And how do I know that when I have to file the I-539 again for the bridge gap and how many times?
                              I mean every 6 months or each time my SEVIS start date differs?
                              Thanks in advance.

                              Comment


                              • #45
                                Originally posted by justasking2017 View Post

                                I am not expert, but what I did is: I filed another I-539 before my I-94 expires, I refered my I-539 COS Receipt # and did not mention 6 mos extension, I just requested extension until they make a decision for my I-539 COS.

                                I am happy to assist but did you talk to your school? Maybe reach out to them too so they can guide you. I am not really expert and I don't want to give you wrong advise. All I can share are things I have done but not necessarily will be the best for you. Also if you can afford, best is to have a lawyer.

                                When is your I-94 expiring? Which center will process your I-539 COS?

                                Thank you.
                                In I-539 to bridge the gap while waiting for the COS approval, at part 3, I/We request that my/our current status be extended until (mm/dd/yyyy). What date should I enter? How can I provide the reference for the already filed I-539 for change of status from B2 to F1? And how do I know that when I have to file the I-539 again for the bridge gap and how many times?
                                I mean every 6 months or each time my SEVIS start date differs?
                                Thanks in advance.

                                Comment

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