B2 to F1 denied in the middle of my PhD - please help
Dec 4th 2002, 7:25 pm
#1
Guest
Posts: n/a
B2 to F1 denied in the middle of my PhD - please help
My I-539 application for B2 to F1 was denied say before yesterday without
any reasons. I came to the US in october 2001 on a B2 visa to meet my
girlfiend before the new rules were put in effect. I did not have any
intentions to study here. I came across my present advisor's website,
applied for the PhD program and was offered this PhD position ~5 months
after my arrival.
The INS and my lawyer told me that since I arrived here before the new rules
were put in effect, the best way for me to get my student's visa (F1) was to
apply for a change of status from B2 to F1 here in the US - it was perfectly
legal to do so!
Now I am in the middle of my research work and the INS Vermont Office has
denied my change of status application. What are my options now? Any
feedback would be greatly appreciated.
Thanks.
any reasons. I came to the US in october 2001 on a B2 visa to meet my
girlfiend before the new rules were put in effect. I did not have any
intentions to study here. I came across my present advisor's website,
applied for the PhD program and was offered this PhD position ~5 months
after my arrival.
The INS and my lawyer told me that since I arrived here before the new rules
were put in effect, the best way for me to get my student's visa (F1) was to
apply for a change of status from B2 to F1 here in the US - it was perfectly
legal to do so!
Now I am in the middle of my research work and the INS Vermont Office has
denied my change of status application. What are my options now? Any
feedback would be greatly appreciated.
Thanks.
Dec 4th 2002, 10:00 pm
#2
Guest
Posts: n/a
Re: B2 to F1 denied in the middle of my PhD - please help
>Subject: B2 to F1 denied in the middle of my PhD - please help
>From: "Vee" [email protected]
>Date: 12/4/02 3:25 PM Eastern Standard Time
>Message-id:
>My I-539 application for B2 to F1 was denied say before yesterday without
>any reasons. I came to the US in october 2001 on a B2 visa to meet my
>girlfiend before the new rules were put in effect. I did not have any
>intentions to study here. I came across my present advisor's website,
>applied for the PhD program and was offered this PhD position ~5 months
>after my arrival.
>The INS and my lawyer told me that since I arrived here before the new rules
>were put in effect, the best way for me to get my student's visa (F1) was to
>apply for a change of status from B2 to F1 here in the US - it was perfectly
>legal to do so!
>Now I am in the middle of my research work and the INS Vermont Office has
>denied my change of status application. What are my options now? Any
>feedback would be greatly appreciated.
I don't understand how the lawyer could have told you that. Regardless of the
new law, you still had to declare you are a prospective student when you enter.
if you didn't it was probably up to the INS' discretion to grant status change.
However, notwithstanding that, you APPLIED AFTER the new law took effect,
right?
>From: "Vee" [email protected]
>Date: 12/4/02 3:25 PM Eastern Standard Time
>Message-id:
>My I-539 application for B2 to F1 was denied say before yesterday without
>any reasons. I came to the US in october 2001 on a B2 visa to meet my
>girlfiend before the new rules were put in effect. I did not have any
>intentions to study here. I came across my present advisor's website,
>applied for the PhD program and was offered this PhD position ~5 months
>after my arrival.
>The INS and my lawyer told me that since I arrived here before the new rules
>were put in effect, the best way for me to get my student's visa (F1) was to
>apply for a change of status from B2 to F1 here in the US - it was perfectly
>legal to do so!
>Now I am in the middle of my research work and the INS Vermont Office has
>denied my change of status application. What are my options now? Any
>feedback would be greatly appreciated.
I don't understand how the lawyer could have told you that. Regardless of the
new law, you still had to declare you are a prospective student when you enter.
if you didn't it was probably up to the INS' discretion to grant status change.
However, notwithstanding that, you APPLIED AFTER the new law took effect,
right?
Dec 4th 2002, 11:13 pm
#3
Guest
Posts: n/a
Re: B2 to F1 denied in the middle of my PhD - please help
"Hnchoksi" wrote in message
news:[email protected]...
> >Subject: B2 to F1 denied in the middle of my PhD - please help
> >From: "Vee" [email protected]
> >Date: 12/4/02 3:25 PM Eastern Standard Time
> >Message-id:
> >
> >My I-539 application for B2 to F1 was denied say before yesterday without
> >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> >girlfiend before the new rules were put in effect. I did not have any
> >intentions to study here. I came across my present advisor's website,
> >applied for the PhD program and was offered this PhD position ~5 months
> >after my arrival.
> >
> >The INS and my lawyer told me that since I arrived here before the new
rules
> >were put in effect, the best way for me to get my student's visa (F1) was
to
> >apply for a change of status from B2 to F1 here in the US - it was
perfectly
> >legal to do so!
The INS and your lawyer were correct that it was perfectly legal. Even
today, it would be perfectly legal.
As to whether it was the *best* way, that is a judgment call. It depends on
your situation. If you have no strong ties to your home country, you may
have little chance of getting an F-1 visa. INS standards for the strength
of ties to the home country, in considering an I-539, have usually been more
lenient that the standards of the consular officer who considers an F-1 visa
application.
> >Now I am in the middle of my research work and the INS Vermont Office has
> >denied my change of status application. What are my options now? Any
> >feedback would be greatly appreciated.
You can leave the U.S., apply for an F-1 visa stamp, and if successful,
enter the U.S. in F-1 status.
> I don't understand how the lawyer could have told you that. Regardless
of the
> new law, you still had to declare you are a prospective student when you
enter.
This is not the case. The rule requiring this kind of statement is
*proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
AdvisingResources/pa2002C.htm, towards the bottom of the page.
> if you didn't it was probably up to the INS' discretion to grant status
change.
> However, notwithstanding that, you APPLIED AFTER the new law took effect,
> right?
news:[email protected]...
> >Subject: B2 to F1 denied in the middle of my PhD - please help
> >From: "Vee" [email protected]
> >Date: 12/4/02 3:25 PM Eastern Standard Time
> >Message-id:
> >
> >My I-539 application for B2 to F1 was denied say before yesterday without
> >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> >girlfiend before the new rules were put in effect. I did not have any
> >intentions to study here. I came across my present advisor's website,
> >applied for the PhD program and was offered this PhD position ~5 months
> >after my arrival.
> >
> >The INS and my lawyer told me that since I arrived here before the new
rules
> >were put in effect, the best way for me to get my student's visa (F1) was
to
> >apply for a change of status from B2 to F1 here in the US - it was
perfectly
> >legal to do so!
The INS and your lawyer were correct that it was perfectly legal. Even
today, it would be perfectly legal.
As to whether it was the *best* way, that is a judgment call. It depends on
your situation. If you have no strong ties to your home country, you may
have little chance of getting an F-1 visa. INS standards for the strength
of ties to the home country, in considering an I-539, have usually been more
lenient that the standards of the consular officer who considers an F-1 visa
application.
> >Now I am in the middle of my research work and the INS Vermont Office has
> >denied my change of status application. What are my options now? Any
> >feedback would be greatly appreciated.
You can leave the U.S., apply for an F-1 visa stamp, and if successful,
enter the U.S. in F-1 status.
> I don't understand how the lawyer could have told you that. Regardless
of the
> new law, you still had to declare you are a prospective student when you
enter.
This is not the case. The rule requiring this kind of statement is
*proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
AdvisingResources/pa2002C.htm, towards the bottom of the page.
> if you didn't it was probably up to the INS' discretion to grant status
change.
> However, notwithstanding that, you APPLIED AFTER the new law took effect,
> right?
Dec 5th 2002, 7:16 am
#4
Guest
Posts: n/a
Re: B2 to F1 denied in the middle of my PhD - please help
I have one question - I currently live in Hong Kong. I have 10 years
Multiple Entry B visa. I had visited US twice. Recently I applied for F-1
student visa, I was rejected. My question is if I can still use B visa to
enter US, at the port of entry, I will tell INS that I intend to become
student. Will I have chance to get into US and change my status from B2 to
F-1? Is it considered as fraudulent because before I was rejected the F-1 by
US consulate in Hong Kong? Any suggestion? Thanks in advance.
Tony
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Hnchoksi" wrote in message
> news:[email protected]...
> > >Subject: B2 to F1 denied in the middle of my PhD - please help
> > >From: "Vee" [email protected]
> > >Date: 12/4/02 3:25 PM Eastern Standard Time
> > >Message-id:
> > >
> > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > >girlfiend before the new rules were put in effect. I did not have any
> > >intentions to study here. I came across my present advisor's website,
> > >applied for the PhD program and was offered this PhD position ~5 months
> > >after my arrival.
> > >
> > >The INS and my lawyer told me that since I arrived here before the new
> rules
> > >were put in effect, the best way for me to get my student's visa (F1)
was
> to
> > >apply for a change of status from B2 to F1 here in the US - it was
> perfectly
> > >legal to do so!
> The INS and your lawyer were correct that it was perfectly legal. Even
> today, it would be perfectly legal.
> As to whether it was the *best* way, that is a judgment call. It depends
on
> your situation. If you have no strong ties to your home country, you may
> have little chance of getting an F-1 visa. INS standards for the strength
> of ties to the home country, in considering an I-539, have usually been
more
> lenient that the standards of the consular officer who considers an F-1
visa
> application.
> > >Now I am in the middle of my research work and the INS Vermont Office
has
> > >denied my change of status application. What are my options now? Any
> > >feedback would be greatly appreciated.
> You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> enter the U.S. in F-1 status.
> > I don't understand how the lawyer could have told you that. Regardless
> of the
> > new law, you still had to declare you are a prospective student when you
> enter.
> This is not the case. The rule requiring this kind of statement is
> *proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
> AdvisingResources/pa2002C.htm, towards the bottom of the page.
> > if you didn't it was probably up to the INS' discretion to grant status
> change.
> > However, notwithstanding that, you APPLIED AFTER the new law took
effect,
> > right?
Multiple Entry B visa. I had visited US twice. Recently I applied for F-1
student visa, I was rejected. My question is if I can still use B visa to
enter US, at the port of entry, I will tell INS that I intend to become
student. Will I have chance to get into US and change my status from B2 to
F-1? Is it considered as fraudulent because before I was rejected the F-1 by
US consulate in Hong Kong? Any suggestion? Thanks in advance.
Tony
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Hnchoksi" wrote in message
> news:[email protected]...
> > >Subject: B2 to F1 denied in the middle of my PhD - please help
> > >From: "Vee" [email protected]
> > >Date: 12/4/02 3:25 PM Eastern Standard Time
> > >Message-id:
> > >
> > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > >girlfiend before the new rules were put in effect. I did not have any
> > >intentions to study here. I came across my present advisor's website,
> > >applied for the PhD program and was offered this PhD position ~5 months
> > >after my arrival.
> > >
> > >The INS and my lawyer told me that since I arrived here before the new
> rules
> > >were put in effect, the best way for me to get my student's visa (F1)
was
> to
> > >apply for a change of status from B2 to F1 here in the US - it was
> perfectly
> > >legal to do so!
> The INS and your lawyer were correct that it was perfectly legal. Even
> today, it would be perfectly legal.
> As to whether it was the *best* way, that is a judgment call. It depends
on
> your situation. If you have no strong ties to your home country, you may
> have little chance of getting an F-1 visa. INS standards for the strength
> of ties to the home country, in considering an I-539, have usually been
more
> lenient that the standards of the consular officer who considers an F-1
visa
> application.
> > >Now I am in the middle of my research work and the INS Vermont Office
has
> > >denied my change of status application. What are my options now? Any
> > >feedback would be greatly appreciated.
> You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> enter the U.S. in F-1 status.
> > I don't understand how the lawyer could have told you that. Regardless
> of the
> > new law, you still had to declare you are a prospective student when you
> enter.
> This is not the case. The rule requiring this kind of statement is
> *proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
> AdvisingResources/pa2002C.htm, towards the bottom of the page.
> > if you didn't it was probably up to the INS' discretion to grant status
> change.
> > However, notwithstanding that, you APPLIED AFTER the new law took
effect,
> > right?
Dec 5th 2002, 2:07 pm
#5
Guest
Posts: n/a
Re: B2 to F1 denied in the middle of my PhD - please help
Hi Sylvia,
Thanks a lot for your reply. I have one more question:
I came to the US in October last year. The I-20 from my school was issued to
me after my first stay expired (April 2002), so I had to apply for extension
to my B2 visa as well. My student intent was mentioned in my extension of
stay application. Both the extension of stay as well as my change of status
application (applied after I got my I-20 in August 2002) were denied on 25th
of november 2002.
Have I already overstayed in the US for more than 180 days(from the date my
first stay expired)? OR is it counted from the day I got the denial notice
for my change of status application? I am very confused at present and can't
understand what to do! Do you have any advise/suggestions for me?
Many thanks,
Vee
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Hnchoksi" wrote in message
> news:[email protected]...
> > >Subject: B2 to F1 denied in the middle of my PhD - please help
> > >From: "Vee" [email protected]
> > >Date: 12/4/02 3:25 PM Eastern Standard Time
> > >Message-id:
> > >
> > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > >girlfiend before the new rules were put in effect. I did not have any
> > >intentions to study here. I came across my present advisor's website,
> > >applied for the PhD program and was offered this PhD position ~5 months
> > >after my arrival.
> > >
> > >The INS and my lawyer told me that since I arrived here before the new
> rules
> > >were put in effect, the best way for me to get my student's visa (F1)
was
> to
> > >apply for a change of status from B2 to F1 here in the US - it was
> perfectly
> > >legal to do so!
> The INS and your lawyer were correct that it was perfectly legal. Even
> today, it would be perfectly legal.
> As to whether it was the *best* way, that is a judgment call. It depends
on
> your situation. If you have no strong ties to your home country, you may
> have little chance of getting an F-1 visa. INS standards for the strength
> of ties to the home country, in considering an I-539, have usually been
more
> lenient that the standards of the consular officer who considers an F-1
visa
> application.
> > >Now I am in the middle of my research work and the INS Vermont Office
has
> > >denied my change of status application. What are my options now? Any
> > >feedback would be greatly appreciated.
> You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> enter the U.S. in F-1 status.
> > I don't understand how the lawyer could have told you that. Regardless
> of the
> > new law, you still had to declare you are a prospective student when you
> enter.
> This is not the case. The rule requiring this kind of statement is
> *proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
> AdvisingResources/pa2002C.htm, towards the bottom of the page.
> > if you didn't it was probably up to the INS' discretion to grant status
> change.
> > However, notwithstanding that, you APPLIED AFTER the new law took
effect,
> > right?
Thanks a lot for your reply. I have one more question:
I came to the US in October last year. The I-20 from my school was issued to
me after my first stay expired (April 2002), so I had to apply for extension
to my B2 visa as well. My student intent was mentioned in my extension of
stay application. Both the extension of stay as well as my change of status
application (applied after I got my I-20 in August 2002) were denied on 25th
of november 2002.
Have I already overstayed in the US for more than 180 days(from the date my
first stay expired)? OR is it counted from the day I got the denial notice
for my change of status application? I am very confused at present and can't
understand what to do! Do you have any advise/suggestions for me?
Many thanks,
Vee
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Hnchoksi" wrote in message
> news:[email protected]...
> > >Subject: B2 to F1 denied in the middle of my PhD - please help
> > >From: "Vee" [email protected]
> > >Date: 12/4/02 3:25 PM Eastern Standard Time
> > >Message-id:
> > >
> > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > >girlfiend before the new rules were put in effect. I did not have any
> > >intentions to study here. I came across my present advisor's website,
> > >applied for the PhD program and was offered this PhD position ~5 months
> > >after my arrival.
> > >
> > >The INS and my lawyer told me that since I arrived here before the new
> rules
> > >were put in effect, the best way for me to get my student's visa (F1)
was
> to
> > >apply for a change of status from B2 to F1 here in the US - it was
> perfectly
> > >legal to do so!
> The INS and your lawyer were correct that it was perfectly legal. Even
> today, it would be perfectly legal.
> As to whether it was the *best* way, that is a judgment call. It depends
on
> your situation. If you have no strong ties to your home country, you may
> have little chance of getting an F-1 visa. INS standards for the strength
> of ties to the home country, in considering an I-539, have usually been
more
> lenient that the standards of the consular officer who considers an F-1
visa
> application.
> > >Now I am in the middle of my research work and the INS Vermont Office
has
> > >denied my change of status application. What are my options now? Any
> > >feedback would be greatly appreciated.
> You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> enter the U.S. in F-1 status.
> > I don't understand how the lawyer could have told you that. Regardless
> of the
> > new law, you still had to declare you are a prospective student when you
> enter.
> This is not the case. The rule requiring this kind of statement is
> *proposed,* and it is not in effect. See
http://www.nafsa.org/content/Profess...es/Immigration
> AdvisingResources/pa2002C.htm, towards the bottom of the page.
> > if you didn't it was probably up to the INS' discretion to grant status
> change.
> > However, notwithstanding that, you APPLIED AFTER the new law took
effect,
> > right?
Dec 5th 2002, 4:59 pm
#6
Guest
Posts: n/a
Re: B2 to F1 denied in the middle of my PhD - please help
If you are confident in your lawyer, you should ask your lawyer this
question. If you are not confident in your lawyer, you should get another
lawyer.
I think that the first 120 days of the pending EOS and COS applications are
not counted toward the bars, assuming that INS thinks that those
applications were nonfrivolous. See
http://www.immigrationlinks.com/news/news203.htm.
You should also probably leave the U.S as soon as possible.
"Vee" wrote in message
news:[email protected]...
> Thanks a lot for your reply. I have one more question:
> I came to the US in October last year. The I-20 from my school was issued
to
> me after my first stay expired (April 2002), so I had to apply for
extension
> to my B2 visa as well. My student intent was mentioned in my extension of
> stay application. Both the extension of stay as well as my change of
status
> application (applied after I got my I-20 in August 2002) were denied on
25th
> of november 2002.
> Have I already overstayed in the US for more than 180 days(from the date
my
> first stay expired)? OR is it counted from the day I got the denial notice
> for my change of status application? I am very confused at present and
can't
> understand what to do! Do you have any advise/suggestions for me?
> "Sylvia Ottemoeller" wrote in message
> news:[email protected]...
> > > >From: "Vee" [email protected]
> > > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > > >girlfiend before the new rules were put in effect. I did not have any
> > > >intentions to study here. I came across my present advisor's website,
> > > >applied for the PhD program and was offered this PhD position ~5
months
> > > >after my arrival.
> > > >
> > > >The INS and my lawyer told me that since I arrived here before the
new rules
> > > >were put in effect, the best way for me to get my student's visa (F1)
was to
> > > >apply for a change of status from B2 to F1 here in the US - it was
perfectly
> > > >legal to do so!
> >
> > The INS and your lawyer were correct that it was perfectly legal. Even
> > today, it would be perfectly legal.
> >
> > As to whether it was the *best* way, that is a judgment call. It
depends on
> > your situation. If you have no strong ties to your home country, you
may
> > have little chance of getting an F-1 visa. INS standards for the
strength
> > of ties to the home country, in considering an I-539, have usually been
more
> > lenient that the standards of the consular officer who considers an F-1
visa
> > application.
> >
> > > >Now I am in the middle of my research work and the INS Vermont Office
has
> > > >denied my change of status application. What are my options now? Any
> > > >feedback would be greatly appreciated.
> >
> > You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> > enter the U.S. in F-1 status.
[snip]
question. If you are not confident in your lawyer, you should get another
lawyer.
I think that the first 120 days of the pending EOS and COS applications are
not counted toward the bars, assuming that INS thinks that those
applications were nonfrivolous. See
http://www.immigrationlinks.com/news/news203.htm.
You should also probably leave the U.S as soon as possible.
"Vee" wrote in message
news:[email protected]...
> Thanks a lot for your reply. I have one more question:
> I came to the US in October last year. The I-20 from my school was issued
to
> me after my first stay expired (April 2002), so I had to apply for
extension
> to my B2 visa as well. My student intent was mentioned in my extension of
> stay application. Both the extension of stay as well as my change of
status
> application (applied after I got my I-20 in August 2002) were denied on
25th
> of november 2002.
> Have I already overstayed in the US for more than 180 days(from the date
my
> first stay expired)? OR is it counted from the day I got the denial notice
> for my change of status application? I am very confused at present and
can't
> understand what to do! Do you have any advise/suggestions for me?
> "Sylvia Ottemoeller" wrote in message
> news:[email protected]...
> > > >From: "Vee" [email protected]
> > > >My I-539 application for B2 to F1 was denied say before yesterday
without
> > > >any reasons. I came to the US in october 2001 on a B2 visa to meet my
> > > >girlfiend before the new rules were put in effect. I did not have any
> > > >intentions to study here. I came across my present advisor's website,
> > > >applied for the PhD program and was offered this PhD position ~5
months
> > > >after my arrival.
> > > >
> > > >The INS and my lawyer told me that since I arrived here before the
new rules
> > > >were put in effect, the best way for me to get my student's visa (F1)
was to
> > > >apply for a change of status from B2 to F1 here in the US - it was
perfectly
> > > >legal to do so!
> >
> > The INS and your lawyer were correct that it was perfectly legal. Even
> > today, it would be perfectly legal.
> >
> > As to whether it was the *best* way, that is a judgment call. It
depends on
> > your situation. If you have no strong ties to your home country, you
may
> > have little chance of getting an F-1 visa. INS standards for the
strength
> > of ties to the home country, in considering an I-539, have usually been
more
> > lenient that the standards of the consular officer who considers an F-1
visa
> > application.
> >
> > > >Now I am in the middle of my research work and the INS Vermont Office
has
> > > >denied my change of status application. What are my options now? Any
> > > >feedback would be greatly appreciated.
> >
> > You can leave the U.S., apply for an F-1 visa stamp, and if successful,
> > enter the U.S. in F-1 status.
[snip]
