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20th May 2010 - Filed for B2 EOS (extension requested from June to October 2010)
12th June 2010 - I-94 Expired
25th July 2010 - Filed COS to F1 from B2 (bridge filing while EOS was pending)
9th March 2011 - EOS Approved
16th Oct 2011 - Left US
9th Dec 2011 - COS Denied
As shown above, I timely filed for a B2 EOS (June 2010-Oct 2010) before my I-94 expired in June 2010. I then filed for COS (B2-F1) AFTER expiration of original I-94 in July 2010, but while EOS was PENDING (authorised stay).
My EOS was only approved in March 2011, due to which I believe authorised status was retroacted from June 2010 to date of the decision in March. I left US in October but my COS was later denied in December 2011, which my best guess is that it was due to abandonment of application.
My questions are:
1) WAS I ACCRUING UNLAWFUL PRESENCE, and thereby possibly subject to 3 year bar of inadmissibility?
OR
as though my COS was INITIALLY untimely filed, it could belatedly be considered to have been TIMELY FILED as the B-2 EOS application was ultimately APPROVED and the period in which the COS was filed was under what was later deemed to be "authorized status".
HENCE,
2) Doesn't this toll the time spent between my EOS decision in March to my departure in October as an "authorized stay" as I was awaiting a decision on my COS?
Any assistance shall be greatly appreciated. Thanks!
12th June 2010 - I-94 Expired
25th July 2010 - Filed COS to F1 from B2 (bridge filing while EOS was pending)
9th March 2011 - EOS Approved
16th Oct 2011 - Left US
9th Dec 2011 - COS Denied
As shown above, I timely filed for a B2 EOS (June 2010-Oct 2010) before my I-94 expired in June 2010. I then filed for COS (B2-F1) AFTER expiration of original I-94 in July 2010, but while EOS was PENDING (authorised stay).
My EOS was only approved in March 2011, due to which I believe authorised status was retroacted from June 2010 to date of the decision in March. I left US in October but my COS was later denied in December 2011, which my best guess is that it was due to abandonment of application.
My questions are:
1) WAS I ACCRUING UNLAWFUL PRESENCE, and thereby possibly subject to 3 year bar of inadmissibility?
OR
as though my COS was INITIALLY untimely filed, it could belatedly be considered to have been TIMELY FILED as the B-2 EOS application was ultimately APPROVED and the period in which the COS was filed was under what was later deemed to be "authorized status".
HENCE,
2) Doesn't this toll the time spent between my EOS decision in March to my departure in October as an "authorized stay" as I was awaiting a decision on my COS?
Any assistance shall be greatly appreciated. Thanks!
