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Hi,
My wife received a denial for her “Change of Status” (COS) application from L1 visa to F1 visa. Here is what the denial notice states:
USCIS records indicate that you entered the United States on June 9, 2013 in L-1 status. You were granted an authorized stay until November 18, 2013. On November 7, 2013, you filed Form I-539 to change your status to F-1.
Title 8, Code of Federal Regulations, 214.2(f)(5)(i) states in pertinent part:
...An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20...
Title 8, Code of Federal Regulations, Section 248.1(b) states in pertinent part:
...a change of status may not be approved for an alien who failed to maintain the previously accorded status...
The Student and Exchange Visitor Information System (SEVIS) Certificate of Eligibility (Form I-20) that you submitted lists your program start date as January 4, 2014. Your L-1 nonimmigrant status expired on November 18, 2013, which is more than 30 days before the program start date.
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We were under the impression that she was in status since she had applied for COS (Nov 7) before her L1 visa expired (Nov 18).
Can you suggest what we should do next? She has left the country today but she wishes to come back on F1 visa. Will there be any issues while applying for F1 at the US consulate upbroad?
Thanks,
Alay
My wife received a denial for her “Change of Status” (COS) application from L1 visa to F1 visa. Here is what the denial notice states:
USCIS records indicate that you entered the United States on June 9, 2013 in L-1 status. You were granted an authorized stay until November 18, 2013. On November 7, 2013, you filed Form I-539 to change your status to F-1.
Title 8, Code of Federal Regulations, 214.2(f)(5)(i) states in pertinent part:
...An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20...
Title 8, Code of Federal Regulations, Section 248.1(b) states in pertinent part:
...a change of status may not be approved for an alien who failed to maintain the previously accorded status...
The Student and Exchange Visitor Information System (SEVIS) Certificate of Eligibility (Form I-20) that you submitted lists your program start date as January 4, 2014. Your L-1 nonimmigrant status expired on November 18, 2013, which is more than 30 days before the program start date.
-------------------------------------------------
We were under the impression that she was in status since she had applied for COS (Nov 7) before her L1 visa expired (Nov 18).
Can you suggest what we should do next? She has left the country today but she wishes to come back on F1 visa. Will there be any issues while applying for F1 at the US consulate upbroad?
Thanks,
Alay
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