I-290 filed for b1 to f1 rejection

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me@immigration

Registered Users (C)
My friend's conversion from b1-f1 was rejected because the INS said the time between his expiration date of I-94 and the start of college was more than 30 days, the maximum amount of time they give to people who are converting statuses. He did a motion to reopen (I-290B) within the 30 days with a new I-20 from his college which moved his admission date by 3 months, removing the condition they put of the 'more than 30 days gap'. It has been almost 3 months and he has not heard anything from them. Does he continue to stay on and wait? is there anything he should worry about or be aware of?
Please anyone, any help will be blessed and much appreciated.
 
reading through all the threads on this website, i had hoped i would find some much needed help for my friend....seeing that everyone is so eagerly helping each other....but i guess we should be dejected here too....
please can someone respond?
 
me@immigration said:
reading through all the threads on this website, i had hoped i would find some much needed help for my friend....seeing that everyone is so eagerly helping each other....but i guess we should be dejected here too....
please can someone respond?
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ok I will try to answer.. however this answer is based on logical conclusions on my part. you should consult a lawyer for more definitive answer.

I don't think that a pending appeal on a denial notice is equavelend to a pending change of status. So your friend could be out of status when appeal is pending. However, I may be wrong. He will be in status when application of pending. Confirm with a lawyer about his status. Remaining out of status in not a good idea.

After the school moved his I20 back he should have filed a new I539 even if he was appealing the denied I539. He can do that even now. It is a complicated situation. Talk to a lawyer!
 
hmm...thanks a ton for that! Any info on how long these appeals take EB1OR? and if another I539 is filed, for what would it be filed? same info, but filed again? Also, what choice did have if appealing an applications puts a person out of status? Isnt that the logical next step? and if u appeal, arent u supposed to stay back and await a reply? or does one leave the country? coz i read on their website that leaving the country would mean they are abandoning the case.... so what do u do?
 
me@immigration said:
hmm...thanks a ton for that! Any info on how long these appeals take EB1OR? and if another I539 is filed, for what would it be filed? same info, but filed again? Also, what choice did have if appealing an applications puts a person out of status? Isnt that the logical next step? and if u appeal, arent u supposed to stay back and await a reply? or does one leave the country? coz i read on their website that leaving the country would mean they are abandoning the case.... so what do u do?
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like I said he may or may not be out of status with appleal pending. check with a lawyer. i hope he is not out of status.

yes file a new I539 for b1 to f1 COS as he has fixed the reason for denial of first I539.

again... talk to a lawyer! consulting a lawyer for an hour may only be $100-$200, but worth it
 
Sadly nothing has happened. We have still not received a reply from them...the 6 months are about to end...and we are at our patience and positivity's end....please advise if anyone can...
 
Please someone help us...please for godsake

I'm sorry for sounding desperate but we are....today her college counselor called my friend and said she sees her i-20 terminated in the sevis system. But she hasnt received any info from Vermont and nor has the college about her motion to reopen...what does this mean....does this mean its a denial? or is it a sevis issue or a college issue?
Please someone i beg u, reply.....she is at the end of her sanity and will do anything at this point to get some news about this....
 
What Happened? My sister is in the same case

Hello!

My sister and I are desperate like you were. My sister has exactly the same case and we do not know what to do. Should we spend the $580 to do the appeal? Did your friend ever received a response?
 
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