N
N D
Dec 13, 2021
Starting education while pending
my I-539 is pending and the school I got the I-20 from made me start the master’s degree already. I don’t see any point to waste money since I don’t know yet If I will be approved. I am changing status from J1 to F1. Do I have right to refuse to continue studying till I get my visa approved? Any help appreciated

F, M

Change status to the F or M academic or vocational student categories

Total Days: 301 days
Case
2021-10-12
2022-08-09
I-539
301 Days
Texas Service Center: I-539
Timeline Map
2021-10-12
I-539
Submission to USCIS
2021-10-15
I-539
D+3
Biometrics, i.e. fingerprint and photo
2022-08-09
I-539
D+301
Decision (Approval or Denial)
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Lilo PelekaiDec 13, 2021
N D - refusing to continue attending classes will result in your I-539 for F-1 status being denied as that action would be in violation of your I-20, which is a basis to be granted the F-1 visa. you could also be flagged as performing immigration fraud.
N
N DDec 13, 2021
most of the students in the same situation do not even start the schools. As I understand, this really depends on the institution.
Lilo PelekaiDec 13, 2021
well, your institution made you start school. play along. they're following their rules, not other institutions' rules.
N
N DDec 13, 2021
well the thing is that everyone in the same situation gets surprised when they hear I already started studying even though I didn’t get my case approved yet. that’s what made me think if I should have it paused till I get the approval
stella yDec 13, 2021
consider yourself one of the lucky ones and thank God for it, if your school wants you start, I agree with Lilo, start. so you can avoid wasting time in your waiting unless you have other plans during your waiting period
kal bDec 13, 2021
N D you shouldn’t start the school before you get the visa no matter what and actually my friends visa was about to get terminated because of that reason so wait and don’t listen to them
N
N DDec 13, 2021
what was his previous status? a J1?
kal bDec 13, 2021
he was on a B1/B2 but i think it doesn’t matter .. you just can’t start without your visa
Lilo PelekaiDec 13, 2021
Khaled - you're right. on the other hand N D's situation is tricky too because of the change of status pending. but as a rule of thumb, N D, it is best to consult with an immigration lawyer. the change of status shows intent to study but it's not a straightforward situation with the I-20 and the school making you start now. another thing that you can do is instead of refusing to start school, ask the school to push back your enrollment to spring semester, or summer. it's better for your case than just refusing to attend school.
kal bDec 13, 2021
lilo it does make sense what you saying but i just called him and he told that he even got a notice to leave the country cause he started without the visa and the school didn’t say anything about that. they just wanted him to start the school to pay. and after he called a lawer to cancel the process and filed an appeal that he didn’t know that he can’t start untill he get it
N
N DDec 13, 2021
what I meant by refusing is to push my enrollment to the Fall 2022 since I am hoping to get my visa approved till then.
Lilo PelekaiDec 13, 2021
Khaled - Oooh, thank you for the explanation. now it all makes sense. 🙂 N D - yes. now I get it. I thought you were plain refusing to attend school. 😂 you did right to push your starting date. the steps you've taken show good intension to do things the right way with immigration. I hope that melts USCIS' heart and they approve your F1 status. 🤗
N
N DDec 13, 2021
I haven’t pushed my starting date yet actually. I already finished one semester but I would like to push the rest since I don’t wanna be paying before I get my visa approved because they won’t refund it if I get rejected.
Lilo PelekaiDec 13, 2021
N D - that is understandable. if you attended school on J1 and now you want to stay in school on F1, you're right to put a hold on studying until you are approved for F1 as the intents of J1 and F1 are different. and the school should understand that too and should not force you to enroll if that's putting you in jeopardy with immigration. you could actually sue them for that.
kal bDec 13, 2021
lilo exactly and that’s what i told my friend that he should’ve sued them for that just for not telling him not to register
Lilo PelekaiDec 13, 2021
haha, Khaled. fact. and that's a suit that N D would win, too, and they'd pay for your legal efforts in that suit as well, N D! 😂
N
N DDec 14, 2021
https://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf guys apparently it’s not problem to start studying while changing status from J1 to F1.
Lilo PelekaiDec 14, 2021
N D - I thought so, hence my very first comment. but we are never too sure. thank you for sharing the link! 🤗 as long as you are in good standing with immigration, that's what matters most especially if you'd want to stay in the country permanently later on. 🙂
jason hernandezDec 14, 2021
Same situation here, I’m still waiting for my F1 approval. I received RFE this October and I submitted all the documents. it’s been 2 months now and they don’t have any response yet. My starting school date is on January 2022. 😩
F DorjJan 11, 2022
i submitted in July, no news so far. I have started in August 2021. My university said I could start while waiting for the approval.

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