Visa extention and F1

[milkym]

Hello !
I'm here on a tourist visa. Original experation date of I-94 is 09/10/07. Iv'e applied for an extention but my case is still pending. I had no idea about the 3months period, my lawyer didn't say anything, and right now I'm here 5 months over my original date on the I-94. I was just about to apply for a student visa, and after I got all the documents I've discovered the 30 days rulle. The next semester begins only in the Summer.
I have few questions:
Can I apply for another extention? (before getting the first application respond?)
If I leave the states soon, will I be considered as somone who violated the visa rules?
Should I go back to my country and try to apply from there for F1?
I really need to be here and study here and can not afford not to be approved to go back in the states.
What is recommanded to write in the support letter?
Will appreciate any advise from you guys
Thank you
Michelle

[PraetorianXI]

Can I apply for another extention? (before getting the first application respond?) NO.

If I leave the states soon, will I be considered as somone who violated the visa rules? YES. If the extension is denied. Or if the extension is approved, but the date you left is past the extended I-94 date.

Should I go back to my country and try to apply from there for F1? That would be the best. Since you can NOT change status to F1 unless you notified the POE officer of your intentions.

The damage has already been done. You visa may be void per 222(g) and you would be considered an overstay. You can not change status to F1 from a visitor and you will be having a hard time when applying for an F1 back in home country.

[milkym]

Thank you for your reply.
This is too bad for me in so many levels.
One more question - What happens if I start the Green Card Process? what do I need to take in consideration as for the dates?
And like I said I'm still waiting for the extention reply... do they tend to approve those? I've added a bank statement and sponsor letter to the application and I did it with a lawyer (who said nothing about the 3 months period !)

[PraetorianXI]

The best you can do is go back home and hope that the extension was granted and the new I-94 was allowed past the date you left. That is the only thing that will save you from a lot of problems in the future with the consulate.

How exactly do you plan on starting the "GC process"?

[milkym]

I have a sponsor and my lawyer (another one) has started the process recently. How come in the USCIS website they say nothing about the 120 days?
What do you think are the chances for them to approve my extension?
If I go out and then they will deny my extension does it mean I won't be able to come back in the next years or ever?
When is it exactly that I can be considered as out of status and not as illegal?
Thank you
Michal

[PraetorianXI]

You plan on starting you green card process based on what? a family relationship? employment? political asylum?

How come in the USCIS website they say nothing about the 120 days? What 120 days?
What do you think are the chances for them to approve my extension? Very small chances.
If I go out and then they will deny my extension does it mean I won't be able to come back in the next years or ever? If your extension is denied and since you stayed past your I-94 date, your visa may be subject to 222(g) (which could void/cancel your visa next time you try to use it) and if the overstay is longer than 180 days, you will be subject to a 3 year bar.
When is it exactly that I can be considered as out of status and not as illegal? Out of status is unlawful presence, which means Illegal. When you find out if your extension was denied.

[milkym]

Based on employment, but the lawyer will aplly for the first phase only in 2-3 months from now.
Why do you think my chances to get the extension are low? can I do anything now to increase my chances? will the USCIS deny it immidetly or they will ask me for some more proofs if what I have is not enough?

[milkym]

Forgot to mention the 120 days.. as it says here in this website, when you apply for an extention you are leagl to stay here 120 days after the date on the I-94, as long as you didn't get a reply. Is that true?

[PraetorianXI]

Technically true.

USCIS will not grant an extension so that you can file for a green card, or change your status to F1 without first having notified the POE officer.

You will not be able to adjust your status (get a green card) in the USA, if you overstayed even 1 day.

You need a REAL lawyer, this whole thing is a mess... get a second opinion from a QUALIFIED lawyer and do so fast. Your options are getting narrower by the minute.

[milkym]

Few more questions...

I met my lawyer yesterday and we've decided the the safest thing right now is to go back before the second 6 months are over. But he did say that he applied for few student visas and had no problems + he said that the 30 days rule is not a must.
I will go back hoping that my extension will be approved, and then apply for a student visa.
Stupid question but - Will they have my departure date in their records? If I'll go back and apply for student visa before I'll get the visa extension will know?
Is there any way, if my extension will be denied to say that I didn't know about the 120 day rule and when I didn't get a reply about my extension I left so I won't be illegal?
Again thanks for your help.
Michelle

[PraetorianXI]

yes

Yes, they will know

And no, there are no excuses.

[saks138]

Student visa extension during OPT-Extension.

Hi,

I am on F1 student visa (PhD graduate) which expired few years back (in 2012). But, I have a valid I20, EAD till June 2016 and a well-paying full-time job.
I have to travel to India for a family emergency. If I travel, I have to apply for a student visa, so that I can re-enter the country.
Now what are all the chances that my student visa will be extended. Please advice on this.

My Lawyers are suggesting that I mayn't have any problem since I am holding a valid I20, full-time and valid EAD. But, I am little worried.

Note : Also, I haven't started the Green card process. I applied for H1B this year and it is not picked.

Thanks.,
-Balaji