change of status

[jwahab]

hi

i had applied for change of status from b2 to f1 to a very good university and for masters program but i got denied for 2 reasons that my i 94 was expired by the time they opened my application and that the f1 status cannot be valid before 30 days of the program start date.

the gap was only of 20 days from my i94 expiring and f1 status to start date.

can i still apply again now for f1 even though my i94 has expired technically i am out of status so would that bring me back to status as i would b under processing stage again

can some one really guide me i have come here a long way n just bcoz of this silly reason dont want to give up. i want to reapply for change of status

[Nattybone]

Hello, Jwahab.

If you are still in the USA on the same I-94 then my friend nothing can help you - as you are now Out of Status. So, when you do have any status, you cannot 'Change' status.

The longer you stay in USA, post your F1 denial petition, the more complicated the equation gets for you. Your options for gaining legal status are:
1) Leave USA - You can enter again after a year or so, and try for the same COS. At the USA POE (Port of Entry) you will be quizzed about this overstay. At that point, please furnish this denial petition to the Immigration Officer and he will let you enter. He should let you enter but that is his discretion. Normally, one is allowed to enter.

2) Get married to a US citizen - If you are open to getting married, marriage to a US citizen can get you a Green Card (despite being out of status). You can discuss this with an Immigration Attorney.

I hope this helps. I am sorry to hear about your visa.

All the best, my friend.

Cheers,

hi

i had applied for change of status from b2 to f1 to a very good university and for masters program but i got denied for 2 reasons that my i 94 was expired by the time they opened my application and that the f1 status cannot be valid before 30 days of the program start date.

the gap was only of 20 days from my i94 expiring and f1 status to start date.

can i still apply again now for f1 even though my i94 has expired technically i am out of status so would that bring me back to status as i would b under processing stage again

can some one really guide me i have come here a long way n just bcoz of this silly reason dont want to give up. i want to reapply for change of status