Immigration Issues/F1 change of status

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Question
Dear Sir:

My friend has a pending B2-F1 COS application. She does not know if this application will go through. Just in case the COS may be denied, she wants to prepare for the alternative option - consulate processing. She understands that she can't leave U.S. while the COS is pending. Otherwise, the COS will be treated as abandoned. However, can she "plan" an international trip when the COS is pending (i.e., making a consulate appoitment for interview, booking plane ticket)? If the COS goes through, she can cancel all the reservations. Is it right that the COS is treated to be abandoned only if she "physically" departs U.S.?

Thanks!

Answer
Hi,

You are correct in your assumption that if your friend physically departs the U.S. the change of status application will be denied.

However, there is no problem in planning to depart the U.S., and indeed it is a prudent idea in case the COS is denied, since there is technically no grace period which allows an individual to remain legally after denial of COS to F1 status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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