J1 to F1 Change of Status

[Jane8845 0]

Hello. Hope you guys can help me and answer some questions that I have. I'll list the facts in a simplified version below.

 

I came here on a J-1 visa and wanted to change my status to F-1 to go to school here.

 

J-1 ended on 4-8-17.

The first application got denied so my lawyer filed a motion to reconsider the decision.

USCIS received I-539 on May 5, 2017.

The start date for my school on the I-20 was May 15, 2017.

The F-1 visa did not come out on or before May 15, 2017 so the school deferred my start date to July 5, 2017.

It took awhile for the USCIS to get back to me but I was in authorized stay status while it was pending.

The motion was denied stating that the gap between the end of my J-1 and start of the program with the F-1 was over 30 days.

 

The F-1 not coming out on time was not in my control and the school submitted a letter stating that they did not know the consequences of pushing my start date by another 2 months.

 

So now my motion is denied and I was wondering what I can do from here. What are my options?

[TNJ17 1,329]

Hmmm sounds like you need to go home and apply for f1 there. You’re out of status as of now and you got it denied twice. I don’t see any change in the future. 

Edited May 20, 2018 by TNJ17

[Jojo92122 1,924]

You need to go home.  You've been denied twice.  

[Boiler 45,525]

This was a year ago so presumably the OP went home. Apply for a F1 Visa, not sure how that will be received.

[Jojo92122 1,924]

11 minutes ago, Boiler said:

This was a year ago so presumably the OP went home. Apply for a F1 Visa, not sure how that will be received.

Doubtful.  OP said that appeal has only now been denied.  OP has probably been here waiting for the AOS and subsequent appeal.  With the AOS denial and denial of the appeal, OP has overstayed and accumulated more than enough days of unlawful presence to receive a ban after leaving.  An F-1 visa is not going to happen at this point.

Go home or remain illegal in the US.  (Tick tock until someone mentions the most popular choice for people in the US on nonimmigrant visas to AOS.)

Edited May 20, 2018 by Jojo92122

[Boiler 45,525]

So assuming a year long illegal presence, well what have they been doing other than 'waiting'.

[SusieQQQ 11,586]

 

 

14 hours ago, Jane8845 said:

 

J-1 ended on 4-8-17.

 

USCIS received I-539 on May 5, 2017.

The start date for my school on the I-20 was May 15, 2017.

The F-1 visa did not come out on or before May 15, 2017 so the school deferred my start date to July 5, 2017.

 

 Can you confirm that the 4-8-17 is US style so 8 April? But you only filed CoS nearly a month later? So wasn’t that setting you up for denial right from the start, you are supposed to file before your authorized stay expires.

or is it overseas date convention and you meant August? (But I guess not because you later said the gap between the end of  J-1 and [delayed] start of the program was over 30 days.)

 

and

did you honestly expect a decision in 10 calendar days? (5 to 15 May) 

 

Edited May 20, 2018 by SusieQQQ

[Jane8845 0]

Everything I've said was done by my lawyer who just told me about the actions that he was taking. I hired a lawyer for this process because I did not know the specific laws regarding visas.

 

The lawyer told me that the COS just needed to be submitted within 30 days from when my previous visa (J-1) expires.

 

Also, can someone explain how I am here illegally when I was in authorized stay status during all of this process when my application/motion was pending?

 

Is there a way to do another motion or are there any other options available?

[SusieQQQ 11,586]

6 minutes ago, Jane8845 said:

Everything I've said was done by my lawyer who just told me about the actions that he was taking. I hired a lawyer for this process because I did not know the specific laws regarding visas.

 

The lawyer told me that the COS just needed to be submitted within 30 days from when my previous visa (J-1) expires.

 

Also, can someone explain how I am here illegally when I was in authorized stay status during all of this process when my application/motion was pending?

 

Is there a way to do another motion or are there any other options available?

I can’t copy and paste from this on my mobile but see page 13 https://www.uscis.gov/sites/default/files/USCIS/About Us/Electronic Reading Room/Customer Service Reference Guide/Nonimmigrant_Services.pdf - if your CoS application is denied your overstay count starts from the day your original stay was granted for. You are now supposed to leave immediately after notification of denial. Authorized stay does not prevent you being out of status if the petition is denied - it’s a common misconception though that it does. Your lawyer should have explained this to you. He should also have known there was no way on earth your application  would be adjudicated in 10 working days. I’m sorry it seems your legal advice was not up to scratch. But you have to leave the US, now, as per that link (official uscis info).

Edited May 21, 2018 by SusieQQQ

[Jane8845 0]

Would I be able to get another visa if I have left already?

[SusieQQQ 11,586]

Just now, Jane8845 said:

Would I be able to get another visa if I have left already?

In theory yes, but only after any ban you may have (depends how long you overstayed for) is served out. In practice, they may also look askance at the circumstances of this past visit and consider you a visa risk based on that, you would really need to have very solid evidence of returning home after the visit you sought the visa for. 

 

 

[Unlockable 7,314]

18 minutes ago, Jane8845 said:

Everything I've said was done by my lawyer who just told me about the actions that he was taking. I hired a lawyer for this process because I did not know the specific laws regarding visas.

 

The lawyer told me that the COS just needed to be submitted within 30 days from when my previous visa (J-1) expires.

 

Also, can someone explain how I am here illegally when I was in authorized stay status during all of this process when my application/motion was pending?

 

Is there a way to do another motion or are there any other options available?

You were here legally up until you got denied. This is why you must leave immediately.

[Coco8 1,042]

First, it was probably cheaper and faster to go to your country and get the F1 there. There is no advantage of doing in the US. They get denied all the time, mainly due to the reason they denied you: It is too early. Your lawyer should have known this and probably took easy money.

 

Second, did your J1 have a 2 year home residency requirement? If so, you cannot change to an F1 inside the US. You have to go to your country and do the visa at the consulate.

 

Third, if you ever want to get into the US again, you should leave immediately.  If you get lucky they will give you a visa in the consulate. You have an uphill battle though. You have to prove you have the funds to pay for tuition and cost of living. They will ask you about the courses you want to do. Did you formally apply to the college, took SAT, etc? Which type of college is this? That might come up. Since you tried to AOS inside the US twice, they might look at your file more carefully and question whether you have an academic reason or merely are trying to live in the US.