Change of Status Denied (H1 to F1)

D

djx

New Member
My I-539 petition to change status from H1 to f1 was denied.
The reason is that USCIS had asked for 3 additional evidences.
one of those 3 i did not provide(proof of sevis fee payment).
In the denial notice I have been asked to leave the country within 30 days.
I have already started school and am in the middle of the semester.
My i-94 expires in Aug 2010. Can I appeal to re-open this case? If so how? Are there any risks I should be aware of? If I am allowed to reopen will I be legal beyond those 30 days. What happens if the appeal is denied again?

What are my other options if any?:confused:
 
There is no appeal for denied I-539s. Your only option is to file an MTR. Having said that, seeing that you failed to provide the requested information, I would not get my hopes up. At this juncture, it is best you consult a competent attorney.

djx said:
Can I appeal to re-open this case? If so how? Are there any risks I should be aware of? If I am allowed to reopen will I be legal beyond those 30 days. What happens if the appeal is denied again?
Click to expand...
 
Dear djx,

What options did you choose? Did you reopen the case? If so what happened?

djx said:
My I-539 petition to change status from H1 to f1 was denied.
The reason is that USCIS had asked for 3 additional evidences.
one of those 3 i did not provide(proof of sevis fee payment).
In the denial notice I have been asked to leave the country within 30 days.
I have already started school and am in the middle of the semester.
My i-94 expires in Aug 2010. Can I appeal to re-open this case? If so how? Are there any risks I should be aware of? If I am allowed to reopen will I be legal beyond those 30 days. What happens if the appeal is denied again?

What are my other options if any?:confused:
Click to expand...
 
Please help

Hi,

My change in visa status from H1 to F1 has been denied. I am not sure why as I have not received the official letter as yet - i know the decision through the email alert. Can I appeal this from the US or does it make more sense to go to India and try for a student visa?

Has anyone gone through something similar? Can they please share their experience/advise? or if you know of any competent attorney that might be able to help. I am in Atlanta but I guess any attorney anywhere might be able to take on this case.

Thanks
 
H1B to F1 denial

punita said:
Hi,

My change in visa status from H1 to F1 has been denied. I am not sure why as I have not received the official letter as yet - i know the decision through the email alert. Can I appeal this from the US or does it make more sense to go to India and try for a student visa?

Has anyone gone through something similar? Can they please share their experience/advise? or if you know of any competent attorney that might be able to help. I am in Atlanta but I guess any attorney anywhere might be able to take on this case.

Thanks
Click to expand...

Have you found out the reason for the denial??
 
punita said:
Hi,

My change in visa status from H1 to F1 has been denied. I am not sure why as I have not received the official letter as yet - i know the decision through the email alert. Can I appeal this from the US or does it make more sense to go to India and try for a student visa?

Has anyone gone through something similar? Can they please share their experience/advise? or if you know of any competent attorney that might be able to help. I am in Atlanta but I guess any attorney anywhere might be able to take on this case.

Thanks
Click to expand...

There is NO APPEAL. You have little possibility of success in filing a Motion. These should be explained in the Denial. It is highly unlikely that you qualify for a student visa because you need a Bachelor's degree to get an H-1B so this is seen only as a stall tactic while job hunting for a new H1-B petitioner.
 
djx said:
My I-539 petition to change status from H1 to f1 was denied.
The reason is that USCIS had asked for 3 additional evidences.
one of those 3 i did not provide(proof of sevis fee payment).
In the denial notice I have been asked to leave the country within 30 days.
I have already started school and am in the middle of the semester.
My i-94 expires in Aug 2010. Can I appeal to re-open this case? If so how? Are there any risks I should be aware of? If I am allowed to reopen will I be legal beyond those 30 days. What happens if the appeal is denied again?

What are my other options if any?:confused:
Click to expand...
Hi,

Did you get the resolution on your visa approval? I am currently in the same situation with my COS denial. Your help would be appreciated. Thank you.

Best,
PB
 
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