J1 -> F1 Denial

K

kull

Registered Users (C)
One year ago I come to usa with J1 visa, and 2 months ago I applied for F1 (change status from J1 to F1).
Before that I get Waiver, becouse of restriction 212(e).
I have got I-20 from CUNY University of NY.
Today I saw on the USCIS website information about my status that:

Application Type: I539 , APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS
Current Status: Denial Notice Sent

I am waiting for a denial decision to see why the denial decision was made.
I know, if you dont know those reasons, you can not tell me too much.
But, Do I have some chance to applay immediately for F1 again?


regards,
Daniel Sodkiewicz
 
Your change of status was denied. Just leave the US and pick up an F1 visa stamp. You don't need a waiver to get an F1 visa. The waiver is only needed for H/O and GC.
 
But Can I applay again here in USA? It is a huge problem form me to go back and applay.
 
hi: Just wait for the denial letter and if they give you the option to write a Motion than u the best shot for you to file a motion. In the motion write everting wot you want to tell them and make it strong case and that will be ur last shot .Best of luck
 
thank you very much for your answer, i appreciate it.

But, my J1 expired 1 a few weeks ago, now my application for changing status from j1 to f1 was denied. So, if i will now write a Motion, I will be in USA still legally? If my a Motion will be also denial, how much time I have to leave us?
 
You are currently out of status. If your appeal gets denied you will be out of status from the day your J-1 was denied and you might run into a 3 or 10 year bar. Definitively not worth it. Leave the US and get a new visa stamp. The COS was probably denied for a good reason. You can try to get the J-1 stamp in Canada or Mexico.
 
nscagony --> but I am still legal here, even if i am out of status, isn't it? My chankging from j1 to f1 was denied, not J1.

I applied for F1 when my J1 was still valid. It is not my fault they considered so long. Also, now when I will get information why the denial decision was made, I have to have some time to write a Motion. During they will consider it, I am legal in usa, isn't it?

Of course if they will denial my Motion I will have to go to Canada and ask for my F1 there.

Is it a good plan? First write a Motion after that go to Canada? Or better at once to Canada?

Other think is, I am still waiting for official explanation from USCIS, why they dont want to allow me study in that country. Damn!

Does somone know, if in Canada is easier get visa?
 
No, you are here illegally, and you are accruing unlawful presence. The fact that USCIS is incredibly slow processing your application unfortunately does not matter. It is your responsibility to maintain status. You should see an immigration attorney immediately before you hit the unlawful presence mark for any bars.
 
Finally I have got a reason of my denial.

"An alien may assume F-1 no more than 30-days prior to the education program start date as indicated on the SEVIS (...), and must maintain valid nonimmigrant status until at least the beggining of that 30-day period. Your program of study begins/began on June 30 2008, while your current status expires/expired on March 3, 2008. This is more than 30 days before your educational program's started date."
But i study already since february 03 2008.


Of course i can write Motion. Do you know if it is possible to get that F-1 after Motion?
Do somone know somobody who had similar problem?

help me please
 
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There is no point in the motion. You are out of status since March 3 has passed. By law you cannot adjust your status. You must leave the US and get a new visa. No amount of motions or appeals or postings will change that. Sorry.
 
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