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  • Change of Status from B2 to F1

    Hello,

    I wanted to change my status from B2 to F1, i went to college and they gave me F1 form, so by completing the checklist for change of status i sent all the documents to USCIS including my spouse details too.

    USCIS received my documents on 8th March 2019 but till now i have not received any confirmation from USCIS that they have received my case.
    My I-94 will expire on 7th May 2019 (around 2 months from now) and program start date on my F1 is 17th May 2019.

    Now my question is,
    1) What shall i do while waiting ?
    2) Can i stay in US legally while waiting from USCIS response, OR do i have to file an extension?

    My college told me that once i file my case and got my receipt number from USCIS i can stay, but someone told me its only for EXTENSION and not for Change of Status.

    Can anyone please guide me on this, i am not working with any lawyer, just relying on what information i received from my college.

    Thanks in advance!
    Last edited by helpwanted232; 03-12-2019, 01:58 PM.

  • #2
    Originally posted by helpwanted232 View Post
    Hello,

    I wanted to change my status from B2 to F1, i went to college and they gave me F1 form, so by completing the checklist for change of status i sent all the documents to USCIS including my spouse details too.

    USCIS received my documents on 8th March 2019 but till now i have not received any confirmation from USCIS that they have received my case.
    My I-94 will expire on 7th May 2019 (around 2 months from now) and program start date on my F1 is 17th May 2019.

    Now my question is,
    1) What shall i do while waiting ?
    2) Can i stay in US legally while waiting from USCIS response, OR do i have to file an extension?

    My college told me that once i file my case and got my receipt number from USCIS i can stay, but someone told me its only for EXTENSION and not for Change of Status.

    Can anyone please guide me on this, i am not working with any lawyer, just relying on what information i received from my college.

    Thanks in advance!
    You need to be careful about Change of Status from B2 to F1. You need to be in status 30 days before your program's start date. Change of Status can take 5 or 6 months to process these days, and you cannot start studying until your Change of Status to F1 is approved, which means you will likely miss your program start date. If you miss the start date, your school will change your start date to a later date, and the USCIS policy is that when they move the start date, you need to be in status 30 days before your new start date. If your previous status will not last long enough to cover 30 days before the new start date (which you cannot predict because you don't know how long the Change of Status will take, and therefore how much your start date will be postponed), USCIS suggests you to file another Extension of Status to extend your B2 status to "bridge the gap". See here.

    It might be easier and faster to leave the US and get an F1 visa instead.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      You need to be careful about Change of Status from B2 to F1. You need to be in status 30 days before your program's start date. Change of Status can take 5 or 6 months to process these days, and you cannot start studying until your Change of Status to F1 is approved, which means you will likely miss your program start date. If you miss the start date, your school will change your start date to a later date, and the USCIS policy is that when they move the start date, you need to be in status 30 days before your new start date. If your previous status will not last long enough to cover 30 days before the new start date (which you cannot predict because you don't know how long the Change of Status will take, and therefore how much your start date will be postponed), USCIS suggests you to file another Extension of Status to extend your B2 status to "bridge the gap". See here.

      It might be easier and faster to leave the US and get an F1 visa instead.
      Hello,

      Thank you for your feedback, but the thing is i have already applied for COS and USCIS received my package on the 8th of March, what my college told me that i cannot leave the country once i filled the case otherwise USCIS will denied my case start away.

      Also, what do you suggest what is the best time to file an extension (like how any days before)? and shall i add my Change of status case number in that application too.?
      Because i have not received my case number yet, and i have time till 7th May 2019.

      Is it the same form as I-539 for extension, right?

      Comment


      • #4
        Originally posted by helpwanted232 View Post
        Hello,

        Thank you for your feedback, but the thing is i have already applied for COS and USCIS received my package on the 8th of March, what my college told me that i cannot leave the country once i filled the case otherwise USCIS will denied my case start away.
        Well of course if you leave the US you will abandon your Change of Status, since you are not in the US so you don't have a status to change anymore, and you don't need to change it anymore. You will be getting an F1 visa and be entering the US on that visa. So you will be getting F1 status by entering the US on an F1 visa, and not by Change of Status.

        Originally posted by helpwanted232 View Post
        Is it the same form as I-539 for extension, right?
        Yes, it's I-539.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Well of course if you leave the US you will abandon your Change of Status, since you are not in the US so you don't have a status to change anymore, and you don't need to change it anymore. You will be getting an F1 visa and be entering the US on that visa. So you will be getting F1 status by entering the US on an F1 visa, and not by Change of Status.



          Yes, it's I-539.
          NO SIR ~ i am in US, thats why i am saying my I-94 will be expire by 7th May.

          Comment


          • #6
            Originally posted by helpwanted232 View Post
            NO SIR ~ i am in US, thats why i am saying my I-94 will be expire by 7th May.
            You said your school told you that your Change of Status will be abandoned if you leave the US to get a visa. And I said, that is normal and expected -- you abandon any pending Change of Status or Extension of Status applications when you leave the US since you don't have status after you leave the US, so you can't (and don't need to) "change status" anymore. You will be getting an F1 visa and be admitted into F1 status on the basis of that visa if you go that route.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              You said your school told you that your Change of Status will be abandoned if you leave the US to get a visa. And I said, that is normal and expected -- you abandon any pending Change of Status or Extension of Status applications when you leave the US since you don't have status after you leave the US, so you can't (and don't need to) "change status" anymore. You will be getting an F1 visa and be admitted into F1 status on the basis of that visa if you go that route.
              No i mean, School told me that while in the case (pending case) i cannot leave US, otherwise the case will be cancelled.
              As i have already submitted my case on the 8th of March, and received my case number on 13th March so now my case is pending.

              And leaving a country is not an option for me. (cant spent too much on tickets and case again)

              Comment


              • #8
                Originally posted by helpwanted232 View Post
                No i mean, School told me that while in the case (pending case) i cannot leave US, otherwise the case will be cancelled.
                As i have already submitted my case on the 8th of March, and received my case number on 13th March so now my case is pending.

                And leaving a country is not an option for me. (cant spent too much on tickets and case again)
                I don't think you are getting what newacct is saying. Here is a summary:
                (1) COS from B1/B2 to F1 is complicated. It usually would need (given current time lines) multiple extension petitions for your B1/B2, etc. If you leave in the midst of this process, obviously your COS would be abandoned.

                (2) Alternately, you can choose to go out of the country, get a F1 visa and come back on that. It can be done at any time, and your pending COS (and its abandonment due to your departure) does not matter.

                Which option you would like to take is up to you. newacct was merely stating the pros and cons of the two approaches. With regards to your original question: When you file for an extension you will need to provide a justification for the same, and should not lie. Since for your COS to F1 to come through you should be in status 30 days prior to the date of program start. While you wait for extension, you technically do not have any status. Moreover, you might need to file multiple extensions due to the current COS wait times, and there is a real chance that your 2nd extension might be denied. Hence, it is tricky in the sense that your COS petition might be denied. This was the part about which newacct was cautioning you.
                Last edited by scientist2016; 03-15-2019, 09:34 PM.
                Just an opinion; Not legal advice.

                Comment


                • #9
                  Originally posted by scientist2016 View Post
                  I don't think you are getting what newacct is saying. Here is a summary:
                  (1) COS from B1/B2 to F1 is complicated. It usually would need (given current time lines) multiple extension petitions for your B1/B2, etc. If you leave in the midst of this process, obviously your COS would be abandoned.

                  (2) Alternately, you can choose to go out of the country, get a F1 visa and come back on that. It can be done at any time, and your pending COS (and its abandonment due to your departure) does not matter.

                  Which option you would like to take is up to you. newacct was merely stating the pros and cons of the two approaches. With regards to your original question: When you file for an extension you will need to provide a justification for the same, and should not lie. Since for your COS to F1 to come through you should be in status 30 days prior to the date of program start. While you wait for extension, you technically do not have any status. Moreover, you might need to file multiple extensions due to the current COS wait times, and there is a real chance that your 2nd extension might be denied. Hence, it is tricky in the sense that your COS petition might be denied. This was the part about which newacct was cautioning you.

                  Okay thank you so much - now i got your point.
                  But i am willing to stay here and file the case from here instead of going back to home country and file the case, and till now i clearly understand that i need to file my Extension as well so can you guide me what is the best time to file the extension like can i do 30 days before my I-94 expires? or does it have any criteria ? and then i can mention my Change of Status case number as well with extension additional documents.

                  I went to lawyers but they charge alot so trying to do everything my own, your time and help would be appreciated!

                  Thanks

                  Comment


                  • #10
                    Originally posted by helpwanted232 View Post


                    Okay thank you so much - now i got your point.
                    But i am willing to stay here and file the case from here instead of going back to home country and file the case, and till now i clearly understand that i need to file my Extension as well so can you guide me what is the best time to file the extension like can i do 30 days before my I-94 expires? or does it have any criteria ? and then i can mention my Change of Status case number as well with extension additional documents.

                    I went to lawyers but they charge alot so trying to do everything my own, your time and help would be appreciated!

                    Thanks
                    There are no criteria. You can file 30 days before your I94 expiry. The only thing I want to caution you about is: By the time your COS from B2 to F1 comes along you have to be in status 30 days prior to that.
                    Just an opinion; Not legal advice.

                    Comment

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