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