Change of status Denial b2 to F1

[Pearl21]

Thanks in advance for the help!

 

I entered US on a B1/B2 visitor visa and after securing admission in a University, filed for COS to F1 3-4 weeks before the I-94 expiry date. Original start date for study was Aug 2017. However, since my COS petition was still pending university changed the start date to Jan 2018.

 

However, that created a problem and when USCIS was about to review the case and I got this reply from USCIS:

 

Review of your SEVIS record shows that your initial program start date was August 2017. On September 01, 2017, the program start date was deferred to Jan 2018, more than 30 days after your “B” status expired. As such, USCIS must deny this application

 

Now, I don’t know if it was university’s responsibility to not change the date or mine to notify USCIS of changed date. But regardless, I just had few questions:

 

1. Is there any option still available for me to extended/COS from B1/B2, may be a MTR?
2. If no option is available and I am Out of status, then how many days do I have to book a flight, make travel arrangements and depart from the country? Is there any grace period allowed to wrap up things and then leave?
3. Will this whole episode cause any problems when I will try to enter the country again?

[JoeF]

Since you couldn't start at the quarter, the university had to change the start time.

A status change to F1 is always risky because there is no telling how long it is going to take. And on B1/B2, it is not possible to enroll.

Your best option is to go to your home country, get an F1 visa, and enter with that. And there shouldn't be much things to wrap up, after all, so far you've just been a visitor.

[Pearl21]

Thank you for the reply!

Yes, was a visitor but after filing COS to F1, rented an Apt, bought car and you know other usual things.

So, I guess my question is how many days of Grace period USCIS allow to wrap up these things and go back to home country after getting a COS Denial notice?

Also, somebody suggested an MTR. Is that really an option here?

[JoeF]

The denial notice should say how much time tou have. Usually 30 days, I think.

An MTR is generally a waste of time and money. It would only make sense if there is some information that USCIS wasn't aware of and that could change the outcome. I don't see that here. They had the information that the start date changed. And and F1 can only start 30 days before the start of the quarter/semester, so their decision looks right to me.

As I said, your best option is to get an F1 visa, and enter with that.