Probably mistake from USCIS / Change nonimmigrant status denied

[Thales Saad 0]

Hi everyone,

I'm trying to change my status from B to F1 and just received a denial letter stating "a review of my SEVIS record shows that your program start date is May 16, more than 30 days after your B status expired". But the start date requested and contained in my I-20 form is actually January 25, so it seems to be some kind of misunderstanding. Is there anything I can do to explain this situation and try to modify their decision?

[aaron2020 11,651]

How would you start school on Jan 25?

[Thales Saad 0]

How would you start school on Jan 25?

I applied in mid-December and I was waiting for the answer until now...

[Thales Saad 0]

I applied in mid-December and I was waiting for the answer until now...

I mean, the supposed start date is January 25th, 2016 and not May 16th, 2016 as they say in the letter.

[belinda63 2,981]

Unless you have access to a time machine I don't understand how you are going to start a semester that is already ending.

[Boiler 43,426]

So where are you now?

[Thales Saad 0]

Unless you have access to a time machine I don't understand how you are going to start a semester that is already ending.

So where are you now?

I think I'm not expressing myself properly.

Let's try again.

I came to the USA with a B visa in August/2015 and decided to change my status while living here.

When you fill in the I-20/SEVIS application you need to put your expected course start date. I was doing this - filling in the form - in mid-December/2015 and chose January 25th as the start date as suggested by my English school. Since then I've been waiting for the USCIS answer here in California.

I have received the letter today and the argument used for denying my status change was that my start date is May 16th and, as my B visa expired in February, I would violate my current status by staying more than 30 days before the start day. Thus, this is the issue, I didn't put May 16 in the application as the start date, so that's why I think this is a misunderstanding!

I'm still here Boiler, but they're asking me to leave the country immediately on the letter since it was denied.

[Boiler 43,426]

Was your visa endorsed prospective student?

They asked you to leave as your I94 expired.

[Thales Saad 0]

Was your visa endorsed prospective student?

They asked you to leave as your I94 expired.

No, it was denied. But as I said the reason doesn't make sense! They're claiming I had chosen this date - May 16 - as the start day but I haven't! I have my I-20 form stating that the requested start date is January indeed, long before my I-94 has expired!

[Boiler 43,426]

That was not what I asked.

Anyway have you discussed this with your International Student Services Officer?

[Thales Saad 0]

That was not what I asked.

Anyway have you discussed this with your International Student Services Officer?

I'm sorry. I didn't understand what you meant before.

Not yet. I got the letter today and I'll only be able to reach them next week.

[jan22 2,898]

Why do you think the start date was based on your stated date in the application? You said in your post that USCIS said "your SEVIS record" showed that. Since you didn't make the Janaury enrollment (and there was no way your realistically could have, given a mid-December change of status application -- giving only about 6 weeks for it to be processed), you school updated your SEVIS record to the next avaiable enrollment date, which is a lot longer than 30 days from now, let alone the end of your B2 status. It is not, therefore, a USCIS mistake -- your change of status has been denied and you are now accumulating unlawful presence. Your only option is to leave the US immediately as they have told you to do, return home, and apply for the F1 visa to come back to take up your planned course of study in May.

[Thales Saad 0]

Why do you think the start date was based on your stated date in the application? You said in your post that USCIS said "your SEVIS record" showed that. Since you didn't make the Janaury enrollment (and there was no way your realistically could have, given a mid-December change of status application -- giving only about 6 weeks for it to be processed), you school updated your SEVIS record to the next avaiable enrollment date, which is a lot longer than 30 days from now, let alone the end of your B2 status. It is not, therefore, a USCIS mistake -- your change of status has been denied and you are now accumulating unlawful presence. Your only option is to leave the US immediately as they have told you to do, return home, and apply for the F1 visa to come back to take up your planned course of study in May.

I appreciate your message but it still doesn't make sense to me. When I applied, the school told me that my status would be on hold until I get the answer for USCIS. Furthermore, the school doesn't have specific enrollment dates since you can enroll anytime during the semester, so I don't know why they would come up with this May date. Anyways, I'll get in touch with them and try to understand this situation. Thanks!

[arken 4,197]

I appreciate your message but it still doesn't make sense to me. When I applied, the school told me that my status would be on hold until I get the answer for USCIS. Furthermore, the school doesn't have specific enrollment dates since you can enroll anytime during the semester, so I don't know why they would come up with this May date. Anyways, I'll get in touch with them and try to understand this situation. Thanks!

When USCIS is processing (say when an officer is going through) your application, the SEVIS record should show your start date in a future date (no later than 30 days from your current status expiry) and not a past date for them not to deny your application. Since your change of status application was still pending by the start date (Jan 25), someone from your International Student Center updated your SEVIS record to reflect a new start date (May 16 based on what your USCIS letter) OR your ISC could have been updating your SEVIS record with a new start date (say a month later than a prior start date) each time they didn't get your change of status approval by current start date).

In either case, since you said your B visa status expired in February and you got the denial letter from USCIS on April 29, USCIS might have processed your application toward the first week of April. So no matter what start date your ISO would put, your application would have been denied since more than 30 days had already passed from your current status expiry date ( in February).

Edited April 30, 2016 by arken

[Boiler 43,426]

slightly off topic but how does it work if you can start your course anytime?