July 2021 USCIS Policy Update: B to F-1 Change of Status No Longer Requires Bridging the Gap to 30 Days Before Program Start

[Update 2021/07/20] USCIS modified its policy today: for change of status to F-1 within the United States, applicants will no longer need to maintain status until 30 days before the program start date listed on the I-20. F-1 status will take effect immediately on the date of USCIS approval; if that date is earlier than 30 days before the program start date, the applicant merely needs to avoid violating F-1 status (i.e., cannot work, etc.). This notice applies only to F-1 and not to change of status to M-1. Under the previous policy, F-1 status could not begin earlier than 30 days before the program start date, and applicants often had to extend another status to "bridge the gap."

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F-1/M-1 status can begin no earlier than 30 days before the program start date; previously, applicants needed to maintain lawful status.

Reader's Question

Today a reader left a message:

Hello Teacher Yang, today I received a denial letter for my B1 to F1 change of status and want to appeal, so I'm asking for your advice. The denial letter states: The Certificate of Eligibility for Nonimmigrant F-1 Student Status (Form I-20) that you submitted lists your program start date as January 11, 2021. Your nonimmigrant status expired on July 26, 2020, which is more than thirty days before the program start date. USCIS may not grant a request for a change of nonimmigrant status to that of an F-1 student that is effective more than thirty (30) days before your program start date listed on your Form I-20. Because you filed this change of status request before the expiration of your initial period of authorized stay, this application is considered timely filed. However, your initial period of authorized stay expired on July 26, 2020, more than thirty days before your report date or the start of your student program. As such, these additional days are in excess of the statutorily required period and result in your failing to maintain a valid nonimmigrant status, as required. My situation is that I submitted the B1 to F1 application on March 23, the school's summer program started on June 8, and my I-94 expired on July 26. While waiting for the result, I submitted two new I-20s with different start dates; the most recent I-20 start date is January 11, 2021. Regarding the first reason for denial, I called USCIS staff twice to ask whether I needed to file an extension of status. The first time I was told I could stay in the U.S. until the result came out; the second time I received a clear answer that in my situation I did not need to file an extension of status. Moreover, the website information I checked also said I did not need to file an extension of status. I want to ask you: is there a high possibility of success if I appeal in my situation? If I do not appeal, since returning to China is almost impossible recently and the cost would be very high, how long would it be appropriate for me to stay here? Thank you for your time.

My Understanding

I briefly reviewed this reader's timeline:

• 3/23/2020: Submitted B1/B2 –> F-1 change of status application.

• 6/8/2020: The school's originally scheduled program start date. Because F-1 status was not approved in time, a new I-10 was obtained with a start date of 1/11/2021.

• 7/26/2020: I-94 expired.

• 10/30/2020: The application was denied because he did not maintain status until 30 days before the program start date.

International students holding F-1/M-1 visas may enter the United States no earlier than 30 days before the program start date. For change of status to F-1/M-1 within the United States, the effective date can be no more than 30 days before the program start date. If you change status to F-1/M-1 within the United States, you must maintain status at least until 30 days before the program start date; if your status will expire earlier than 30 days before the program start date, you must also apply for an extension to bridge the gap. For example, with B1/B2, you need to submit two applications—(B1/B2 extension) + (B1/B2 change of status to F-1/M-1)—and pay separately. This practice is called "Bridge the Gap"; see the USCIS website explanation [link]:

What if I Have a Gap in Status? If your current nonimmigrant status will expire more than 30 days before your F-1 or M-1 program start date and you wish to remain in the United States until your start date, you must find a way to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”). For most people, you will need to file a separate Form I-539 to request to extend your current status or change to another nonimmigrant status, in addition to your other Form I-539 application to change to student status. If you do not file this separate request prior to the expiration of your status, USCIS will deny your Form I-539 request to change to F-1 or M-1 status. Please continue to check the USCIS processing times while your Form I-539 change of status request is pending to determine if you need to file a request to extend or change your nonimmigrant status.

Specifically for the reader's example in the text, when he first applied for change of status to F-1, because the program start date was 6/8/2020 and his B1/B2 was valid until 7/26/2020, he did not need to extend B1/B2; but later his program start date changed to 1/11/2021, so his F-1 status could begin no earlier than 12/12/2020, meaning he had to extend B1/B2 until at least 12/12/2020. Otherwise, the situation he described in the text would occur: because he lacked lawful status, USCIS could not approve his F-1 status.

After timely filing an application for extension or change of status, even if the I-94 has expired, one may lawfully remain in the United States while awaiting the adjudication result, but "case pending" itself is not any legal status. The reader said that during this period he called USCIS customer service to ask whether an extension was needed, and the representative answered that it was not. I do not know whether there was a miscommunication or misunderstanding; below is my understanding:

• After his I-94 expired on 7/26/2020, because he timely filed the change of status application and it had not yet been approved, he could continue to legally remain in the United States and wait for the adjudication result without extending B1/B2, and this is not considered a status violation.

• However, the previous point only means "may legally remain in the United States." If he wanted his F-1 change of status application to be approved, he should have filed a supplemental B1/B2 extension application before 7/26, clearly explaining that this application was to bridge status for the earlier B1/B2 –> F-1 application, and attaching information such as the previous application's receipt number.

Extension Application Process

[https://gonglue.us/2827]