F1 RFE (merged)

[in kh 1]

Hello everyone!

I just got RFE from USCIS Laguna Niguel, CA.

Do somebody had the same experience? Also is there samples how to reply for RFE. 

I'll appreciate if somebody will help me. Thank you.

[arken 4,197]

You just provide the document the RFE is asking for. That's it.

[in kh 1]

Thank you, arken! 

But I need more INFO about this F1 RFE. There are 6 pages of this F1 RFE. 

[in kh 1]

Good afternoon!
Tell me please, how can I be?
I have been in America since December 2021 on a B2 tourist visa. The B2 visa was valid until March 2022. I applied for the F1 student visa before the B2 visa was expired. But immigration is considering my documents for a very long time (since March 2022) and sent me an RFI on July 28, 2022 and my B2 visa is already expired. It turns out that I am out of B2 status, because I did not renew it? What should I do now? Do I need to extend the B2 visa in parallel with I-539N application, as USCIS is still considering my file and sent me an RFI on July 28? After all, my B2 already expired since March 2022. Am I illegal in this country&

Please, reply ASAP. What I should to do? Thank you.

[nastra30 1,985]

Since you applied to change your non-immigrant status from B2 to F1 before your B-2 visa expired, you have authorized stay at the moment. 

If your I-539 is approved your F-1 status will be effective as of the approval date. However, if the approval date comes sooner than 30 days before your program starts you shouldn't do anything that will violate your F1 status (example, work).

Now, imo I think you have a much higher bar to convince USCIS that you didn't have preconceived intent to change status when you got your B-2 visa. You have a higher bar because you already had F1 visa application pending so that intent was already established. Did they send you RFIE or RFE? And what was it about?

Good luck and hopefully your change of status is approved.

Edited August 16, 2022 by nastra30

[arken 4,197]

2 hours ago, in kh said:

It turns out that I am out of B2 status, because I did not renew it? What should I do now? Do I need to extend the B2 visa

Yes you are out of status. What was the program start date on your I-20? If your F1 program start date is more than 30 days from your B2 status expiry, you are supposed to file for B2 extension before your  existing B2 status expires. When they plan to approve your COS to F1, you need to be in valid status up to 30 days or less from the program start date because one can only stay in or come to the US on a F1 status  up to 30 days before the program start date. Extending B2 before it's expiry would have given you an authorized stay period for F1 COS to get approved. Very likely it will be denied. You can try applying for B2 extension ASAP but very likely it will be denied as well.

[canadian_wife 1,791]

What does the RFE ask for?  Is there anything that you cannot provide?

 

good luck

[arken 4,197]

5 hours ago, in kh said:

Thank you, arken! 

But I need more INFO about this F1 RFE. There are 6 pages of this F1 RFE. 

You have the RFE so you know what it's asking for. Nobody can tell you what to do without knowing what uscis asking for.

[in kh 1]

Thank you so much for reply. Yes, I received RFE.

Edited August 17, 2022 by in kh

[arken 4,197]

9 hours ago, in kh said:

Thank you so much for reply. Yes, I received RFE.

What was the RFE about? Was it asking for an evidence of your legal status?

[Boiler 43,446]

19 hours ago, in kh said:

Good afternoon!
Tell me please, how can I be?
I have been in America since December 2021 on a B2 tourist visa. The B2 visa was valid until March 2022. I applied for the F1 student visa before the B2 visa was expired. But immigration is considering my documents for a very long time (since March 2022) and sent me an RFI on July 28, 2022 and my B2 visa is already expired. It turns out that I am out of B2 status, because I did not renew it? What should I do now? Do I need to extend the B2 visa in parallel with I-539N application, as USCIS is still considering my file and sent me an RFI on July 28? After all, my B2 already expired since March 2022. Am I illegal in this country&

Please, reply ASAP. What I should to do? Thank you.

You can not get a visa in the US, so you applied to change status.

 

Change of status is taking a year or so it seems and not a good option in your circumstances.

 

A visa would be the more logical option.

[arken 4,197]

An update on this refuting my previous comment.

 

It seems the uscis updated the COS to F1 policy on July 2021 that eliminates the need of extending current non immigrant status while providing the authorized stay while the COS is pending regardless of the program start date. If and when approved, you can stay in the US regardless of 30 days start period as long as you abide by F1 status terms after that. If denied, need to depart asap.

 

They are yet to update the i539 instructions to update their latest policy. So just hope the IO processing your case doesn't go blindly with the previous policy and not the latest one. 
 

In summary, you are in the authorized stay period. 

[in kh 1]

RFE QUESTIONS for VJ.pdf

 

Hello everyone!

Here are RFE Qs. May be somebody have any idea how to answer to this Qs? Please, help.

 

[arken 4,197]

12 hours ago, in kh said:

RFE QUESTIONS for VJ.pdf

 

Hello everyone!

Here are RFE Qs. May be somebody have any idea how to answer to this Qs? Please, help.

 

What do you mean how to answer? Just answer everything truthfully to all the items. Based on the details of the RFE, i can only say the uscis is going hard on B2 to F1 COS applications especially if they are seeking to just enroll in a language school.
 

Regarding I-20, you need to get a new I-20 from your school (language school it seems!!) with a future start date anytime uscis has not made a decision by that date.

 

Uscis pretty much thinks you had already preplanned for study before you came to the us on B2. It's up to you to convince them otherwise. Only you can answer such questions. 

Regarding B2 extension, at least you can point toward July 2021 policy that eliminates the requirement for B2 extension while F1 COS is pending.

 

Based on the level of questions on the RFE, it seems a slim chance of approval. It seems you will just be enrolling in a language school? That may have triggered this detailed RFE as well.

 

 

Edited August 18, 2022 by arken

[Ontarkie 13,917]

~~Related threads merged. Please do not start more than one thread for related or follow up questions on the same topic~~

Edited August 18, 2022 by Ontarkie