My application for change of status from B-2 to F-1 was just denied because of the gap in status of more than 30 days between the date my B-2 status expired and the start of the program of study. …

… However, when I first filed my application, there were fewer than 30 days between the end of my B-2 status and the F-1 program start date. Because the USCIS took several months to decide my case, my DSO deferred the admission start date to the next available term, which ultimately resulted in a gap of more than 30 days. I feel that the status gap was not my fault. Is the USCIS’s decision right? What should I have done to prevent this denial?

Answer

The USCIS adopted a new internal policy in April 2017 requiring that B-2 applicants for change of status to F-1 file separate applications to extend their B-2 status while their F-1 applications are still pending. According to some reports, the USCIS also began using this policy with regard to other applications for change of status to F-1 that involve initial statuses other than B-2, which signals a new trend in adjudications of such applications. (21.Jul.2017)

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