F1 weird case

[ttomov]

I applied for a change of status from H2B to F1 on Oct 15. My H2B expired on Oct 31 while the I539 was still pending and my I-20 start date is set for Jan 7. Finally on Dec 10 I received RFE which states:

The applicant’s H2B status expired on October 31, 2007 as indicated on his/her I-797 approval notice. With the allowable grace period the applicant is permitted to remain and/or enter the United States 30 days prior to his/her school start date. You have requested a change of status for the applicant to begin F-1 status on January 7, 2008 however his/her H2B status expires on October 31, 2007. As such there will be a gap in the beneficiary’s authorized stay in the United States. The beneficiary may not remain in the United States without valid status. Therefore please submit evidence that the beneficiary’s status will not expire until January 7, 2008.

Is there anything I can do to still get an approval? Obviously I can’t send them the requested evidence because I found out about that gap on December 10 when the damage was already done. Any suggestions will be greatly appreciated.

Thank you

[PraetorianXI]

Consult an attorney. The damage is already done.

[ttomov]

Re:

I already did that. I actually consulted a couple of attorneys and no matter they all have good reputation and fair amount of experience I still haven’t heard anything to help me sleep better. Also I am trying to collect all the available information from all the available sources including this forum so if anyone knows anything or if anyone has heard something at all relevant to the case please throw it out there.

Thank you

[johngrnmn]

Hi,TTomov!
I just noticed your thread and I decided to post a reply.I can't help I need to tell u in the very beginning! But I fully understand your predicament.I almost had the same problem.I'm on an H2B visa.It expired Nov 30 2007 and I got an extension till April 30 2008.I wanna start college in August but as u can see there is a gap of almost 4 months!U see noone will admit this to happen.There is no excuse for staying out of status in the US and once u get to be out of status the only way to fix things is either get married or get back to your home country till your ban expires and afterwards try to come back to the US (which would not be guaranteed).That's why now I'll try to extend my H2B visa once again so I keep my status and then I'll try to change it to F1.But the thing that worries me if I can apply for change of status so early before my extension expires(which would be the end of October 2008).It's only two months from August ot October but who knows, problems occur out of the blue cua I signed a contract with my employer.
Now, in your case if u don't wanna go back home u can try to get into your college and start studies.I've heard about such cases but I don't guarantee it! It seems like illegal. Anyway try, it depends on the college. While studying try to find someone to marry and fix your papers cuz if causght you'll be deported. You are practically illegal right now! But it's fixable!
Good luck!