Immigration Issues/change of status

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QUESTION: Thank you much Ajay for the answer!
i am just wondering i have a 10years b2 visa now, in case my change of status is denied (i hope not) will this visa be void?
Also will i be automatically out of status if it was denied or do they give you voulantary departure timeframe and you can come back another time without a problems?
Thank you again
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The text above is a follow-up to ...

-----Question-----
Hello Alex:
I want to change my status from B2 to F1, i am in the process of getting I-20
and my I-94 will expire  three weeks from today, the school agree to help me
change of status, also i talked to a lawyer and he told me to do I-94 extension
first and don't mention that you are going to school in the letter you send
along and you can do change of status later, the other option i was thinking
about is doing change of status directly without I-94 extension, how do you
think i shall go about this?
-do I-94 extension (won't mention i am planning to go to school) and wait till
get response and do change of status.
-do I94 extension and change of status at the same time then i have to mention iam planning to go to school in the I-94 extension?
-do I change of status by itself since sending my application will keep me in
status until i get a response and even my I 94 expire.

Please help, thank you
if you have a phone i can contact you please provide it to me.




-----Answer-----
Hi Jon,

It is OK to just file change of status to F-1 directly without first extending your I-94. You will be allowed to remain legally in the U.S. while the application to change status to F-1 is pending. Upon grant of change of status to F-1, you can begin your studies (in your situation, you are not allowed to attend school without a change of status being granted to F-1).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com
ANSWER: Hi Jon,

If the F-1 application is denied, you will be considered to have been in legal status while the application was pending, but upon denial you must leave the U.S. immediately (there is no formal grace period, but a few days time to make arrangements is fine). Your B2 will remain valid for future entries as long as you depart the U.S. immediately. Future entries should not be a problem as long as you state at the port of entry during future entries (if asked about the purpose of your visit) that your entry is for visiting the U.S. (and not to be a student). I also recommend that you spend at least a few months outside the U.S. before attempting to enter on B2 again.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

---------- FOLLOW-UP ----------

QUESTION: Thank Ajay. just a couple more questions please.
1-who should send the application for change of status (I-539) me or the school? they issue me I-20 but i am debating who should send will it be good idea to have shcool do it?

2-If the application is denied and left the usa right away, come back in few months, can I apply for change of status again or once they denied it here once you can't do again?
thanks again

Answer
Hi Jon,

Although you sign the I-539, the school should send the application. The probability of approval is higher if the school mails the I-539.

If they denied the I-539 once, they will probably deny it again. Therefore, if it is denied, you should apply for F-1 visa directly at the Consulate in your home country. They should not cancel the B-2 even if they do not issue the F-1 visa at the Consulate (unless you cannot convince the Consulate that you have no intention of residing permanently in the U.S.).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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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