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Attorney_22

Change of Status to F-1

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This week, Murthy Law Firm attorneys will answer questions regarding the Administration’s requirement that an individual filing a change of status to F-1 maintain valid nonimmigrant status while the application is in process.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

 

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I am a college senior, will graduate in early May. I filed H4 to F1 COS in Oct. 2017. I turned 21 in Jan. 2018,  I94 was expired at the same time. I am not eligible to file H4 extension or B2 to bridge the gap to the deferred program start date.  Will my application be rejected?

Based on the current processing time, my case won't be processed until October.  I will lose OPT opportunity. What should I do to expedite my case? 

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Hi! Thank you for this topic! 

I have learned that we have new rules and if you are COS from other than B visa it will be needed "bridge the gap". My concern is what about cases that were filed before this new announcement (Feb, 6th 2018) and still waiting for response? RFE with the opportunity to accept late "bridge the gap" applications? Plus if I already started my studies under allowed visa for studies and over the last year i applied for COS TIMELY but unfortunately NOW i cannot ask for extension anymore because the old visa has ended..  How could i filled extension for B status , if study is prohibited in B status?? 

So far i still waiting for my case has been decided.. After 10 months without any response or RFE requested. 

Any thoughts or ideas really appreciated!

thanks

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Hi,

In December 2017 I came to USA with F2 visa.Now I want to file a change of status to F1 and in this April my spouse is filing H1. Can we both start the process at the same time.And also please let me know the process to change status from F2 to F1.

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Hello,

What happens to the time gap between expiry of H4 status and approval of F1? Is it considered out of status?

How should this be handled?

Edited by Shriks1

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On 3/23/2018 at 10:04 AM, Gonewiththewind said:

I am a college senior, will graduate in early May. I filed H4 to F1 COS in Oct. 2017. I turned 21 in Jan. 2018,  I94 was expired at the same time. I am not eligible to file H4 extension or B2 to bridge the gap to the deferred program start date.  Will my application be rejected?

Based on the current processing time, my case won't be processed until October.  I will lose OPT opportunity. What should I do to expedite my case? 

It may be worth filing a B-2 application nunc pro tunc (i.e. requesting that the start date be backdated to the day H-4 status expired.)

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On 3/23/2018 at 0:14 PM, J2TOF1ASP said:

Hi! Thank you for this topic! 

I have learned that we have new rules and if you are COS from other than B visa it will be needed "bridge the gap". My concern is what about cases that were filed before this new announcement (Feb, 6th 2018) and still waiting for response? RFE with the opportunity to accept late "bridge the gap" applications? Plus if I already started my studies under allowed visa for studies and over the last year i applied for COS TIMELY but unfortunately NOW i cannot ask for extension anymore because the old visa has ended..  How could i filled extension for B status , if study is prohibited in B status?? 

So far i still waiting for my case has been decided.. After 10 months without any response or RFE requested. 

Any thoughts or ideas really appreciated!

thanks

An RFE would typically be issued before a denial. But, even before then, it may be worth filing a B-2 application nunc pro tunc (i.e. requesting that the start date be backdated to the day H-4 status expired).

 

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1 minute ago, Attorney_23 said:

It may be worth filing a B-2 application nunc pro tunc (i.e. requesting that the start date be backdated to the day H-4 status expired.)

but about the cases already studying? how could we apply for B if is not allowed for studies?

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1 minute ago, Attorney_23 said:

An RFE would typically be issued before a denial. But, even before then, it may be worth filing a B-2 application nunc pro tunc (i.e. requesting that the start date be backdated to the day H-4 status expired).

 
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but if i do so, i will be doing a violation.. because if i am studying if i applied for B extension i cannot study.. catch-22..

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1 hour ago, J2TOF1ASP said:

but if i do so, i will be doing a violation.. because if i am studying if i applied for B extension i cannot study.. catch-22..

You can discuss this in detail by calling our office and speaking with an attorney that deals with student issues. 

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