hi, pjiang and xiaobaitu;
my friend got a letter as following: could you please give him some advise, many thanks
Dear Sir:
Upon consideration, it is ordered that your application to Extend/change Nonimmigrant Status(FormI539)be denied for the following reasons:
8 CFR 214.(f)(5)(i) states that an F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date.
On January 27, 2009, you submitted an Application to Extend/Change Nonimmigrant Status (Form I-1539) to change your nonimmigrant status from H1-B to F-1. You must maintain your current H1-B nonimmigrant status up to 30 days prior to your program start date to be eligible to change your status to F-1, per the allowable grace period. Your H1B status has expired on January 31, 2009. There is a gap in your authorized stay in United States that exceed 30 days. Therefore, your request to change your nonimmigrant status is denied.
Therefore, your application is denied.
This decision leaves you without lawful immigration status and you are therefore present in United States in violation of the law. You are required to depart the United States. Remaining in United States without authorization may result in the initiation of removal proceedings against you and may affect your ability to return to the United States in the future.
This decision may not be appealed. However, should you disagree with this decision, or have additional evidence you believe shows the decision to be in error, you may submit a Motion to Reopen or a Motion to Reconsider on Form I-290 B is enclosed for your use. A Motion to Reopen must be submitted in writing, state the new facts to be considered, and be supported by affidavits or other new documentary evidence. A Motion to Reconsider must show that the decision was legally incorrect according to statute, regulation,and/ or precedent decision. Failure to follow these instruction could result in an unfavorable decision.
FINAL NOTE: Title 8, Code of Federal Regulation, Section 265.1 states in pertinent part, 'Except for those evempted by section 263 (b) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR-11.'