COS H4 to F1 age out

[aj_97]

I applied for a F1 visa on December 27, 2017. But I aged out on March 6th 2018. I was told by several university adivors and one of my immigration attorney from my university, said that my stay here, after aging out, is legal since I received a receipt number from USCIS. Couple of days ago (11 months later) I received a RFE which said that a new rule was passed in 2017 which being:if you are staying here for more than 30 days after aging out, your stay here is illegal. They are asking for evidence. What can I possibly tell USCIS ? What are my options? Some one please advise.

[newacct]

I applied for a F1 visa on December 27, 2017. But I aged out on March 6th 2018. I was told by several university adivors and one of my immigration attorney from my university, said that my stay here, after aging out, is legal since I received a receipt number from USCIS. Couple of days ago (11 months later) I received a RFE which said that a new rule was passed in 2017 which being:if you are staying here for more than 30 days after aging out, your stay here is illegal. They are asking for evidence. What can I possibly tell USCIS ? What are my options? Some one please advise.

This might be referring to the fact that when changing status to F1, you need to be in your previous status 30 days before the start of your F1 program. This is because F1 status can only be granted up to 30 days before the start of the program. There is a recent policy that, if the start of your program is postponed because the Change of Status took a long time, you need to be in status 30 days before the *new* start date. And if your previous status does not last until then, then you had to file another Extension of Status or Change of Status (in your case, probably a Change of Status to B2) before your previous status expired, to "bridge the gap". Since you didn't do that, it looks like your Change of Status will be denied. That doesn't mean your stay now is illegal (you have a timely-filed Change of Status pending), but it will be once they deny it. Your best option is probably to leave the US and apply for an F-1 visa and come back.

[aj_97]

This might be referring to the fact that when changing status to F1, you need to be in your previous status 30 days before the start of your F1 program. This is because F1 status can only be granted up to 30 days before the start of the program. There is a recent policy that, if the start of your program is postponed because the Change of Status took a long time, you need to be in status 30 days before the *new* start date. And if your previous status does not last until then, then you had to file another Extension of Status or Change of Status (in your case, probably a Change of Status to B2) before your previous status expired, to "bridge the gap". Since you didn't do that, it looks like your Change of Status will be denied. That doesn't mean your stay now is illegal (you have a timely-filed Change of Status pending), but it will be once they deny it. Your best option is probably to leave the US and apply for an F-1 visa and come back.

Thank you for the response and the information. No attorney or immigration adviser informed me about "bridge the gap". In my RFE, they are asking me to file another I-539, saying: "you must submit an additional Form I-539 application to extend your status with appropriate fee and supporting documentation, including an explanation of why you are eligible for the extension request after your status has expired and why this late filing should be excused". If I turn in another form I-539 and write them a letter saying that I wasn't aware of the situation and was not informed by anyone, will they care? or will they still deny it? Also, if I go back to my home country and reapply for the visa, how long would that process take? Will I be able to return to the U.S immediately after visa approval or do I have to wait for three years before returning to the U.S ?

[newacct]

Thank you for the response and the information. No attorney or immigration adviser informed me about "bridge the gap". In my RFE, they are asking me to file another I-539, saying: "you must submit an additional Form I-539 application to extend your status with appropriate fee and supporting documentation, including an explanation of why you are eligible for the extension request after your status has expired and why this late filing should be excused". If I turn in another form I-539 and write them a letter saying that I wasn't aware of the situation and was not informed by anyone, will they care? or will they still deny it? Also, if I go back to my home country and reapply for the visa, how long would that process take? Will I be able to return to the U.S immediately after visa approval or do I have to wait for three years before returning to the U.S ?

I don't know if an I-539 filed now would work. Usually an I-539 needs to be filed before the previous status expired.

I don't think you would have a ban, since you do not accrue "unlawful presence" while a timely-filed non-frivolous Change of Status is pending. But not having a ban doesn't mean you will get a visa. You could still be denied an F1 visa for reasons like immigrant intent.