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ShahKhan

COS from H4 to F1 Denied

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My brother has been living in US since the last 11 years out of which he has stayed on H-4 visa for the last 8 years. His H-4 got expired on July 27, 2017 and his COS to F-1 was submitted on May 26, 2017. On May 7, 2018, USCIS sent a Denial letter which states under

Section 214.2(f)(5)(i) - An F-1 Student may be admitted for a period of up to 30 days before the indicated report date or program start date listed on his Form I-20

Section 248.1(b) - a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed.

Also, USCIS said that this case cannot be appealed. Although, a motion to reopen the case can be done with 30 days of the denial. 

 

1) What are the chances of approval after the case has been reopened?

2) How many illegal days has he accrued? Do the illegal days start counting after the I-94 expiration or after the F-1 denial date i.e May 7, 2018?

3) If he goes back to India to get it stamped, what are the chances of the F-1 visa getting approved? (His Mom has been living here for about 12 years with an I-140 approved)

 

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When did the classes start? Is he enrolled? Is it a reputable university, e.g., a public university?

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The start date on his I20 was August 14, 2017 and kept deferring to the beginning of the next semester. So, now his start date shows May 9, 2018. He is enrolled for the next semester classes. Yes, it is a reputable public university i.e 'University of Georgia'.

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Have similar situation with my son's COS to F1 

Please share how your brother's situation is being handled.

Thanks in advance. 

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