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Can I apply for a change in status?

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  • Can I apply for a change in status?

    I have applied for an extension of my stay last week with the USCIS. I'm still awaiting the arrival of a reciept. Meanwhile, I decided to study with Kaplan which will give me an I-20, with which I will again apply for a change in status. Now, can anyone please tell me if this is okay to do so. Or an applicant is not allowed to apply twice? I would appreciate any help.

  • #2
    That's two separate application.....one was to extend your stay in your present status(Iassume B1) the other would be to adjust status.

    The difficulty I see though is intent/misrep........i assume on the application to extend status , you had to have given a reason why you need to remain in the uS beyond the date given..and you you wish to change to another visa status so soon after.

    If your I-94 has not yet expired, why not withdraw that application and just do the one to change your status?

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    • #3
      Sorry, I didn't mean to say adjust your status.................I meant to say change your status

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      • #4
        Thanks curiousone, but...

        I appreciate your suggestion. My question is, though that would it be considered "unlawful"/illegal if I do so? I just suddenly made a decision couple of days ago (ie, right after I applied for an extension) that I will study with Kaplan for 3 months, since I'll prolly be taking a vacation another 3 months.

        And one more thing, if I am to withdraw the extension application and apply for 'change in status' NOW, would I have to leave US on the day that my I-94 expires? Or, I can stay here until the USCIS approves/denies my application.

        I would appreciate any comment.

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        • #5
          you are allowed to stay until the application is approved or denied. Student Visas have gotten alittle more tricky but they can be done. How long after you enter you applied for change of status is always going to be one of the factors to be considered.

          What reason did you give as the reason for the need for the extemsion?

          Bear in mind though that you will not be able to begin school until you have an approval so you're looking at a few months, check the rpocessing time and see what date sthey're currently processing....

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          • #6
            I have applied for an extension around last week of May for which I have not recieved any reciept yet. My I-94 expires on July 13. The fact you said that I WILL be allowed to stay until an approval/denial, is it AFTER I get a reciept? or the fact that I have applied makes me elligible to stay until they process?

            Thanks once again, curiousone.

            Oh, the reason I have shown for an extension id that I wanted to visit some National Parks (my honest intension!) which I couldn't do during my earlier times of stay here as I was busy preparing for an exam.

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            • #7
              You will be allowed to stay when the application is RECEIVED by USCIS.

              An extension is not automatic and i'm going to guess that you wont get appoved based on a desire to sightsee.

              Withdraw that application and do the F-1 before the date on your I-94. Do you have proof of money to pay for the course plus living expenses?

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              • #8
                I'm hell scared now...

                Well I have provided bank statement for the extension, and will be able to provide for my study purpose too.

                Why do you think that I have every chance to be denied? What could I have written?
                How can I withdraw? Will I get a refund?

                Is it illegal to apply for 2 services by a single applicant?

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                • #9
                  I'm not saying you wont get an extension but that u sually require a good reason not just that I wish to stay longer.... but its always up to USCIS. Some poeple have medical problems or othe rpressing issues and need an extension, but I cant say what will happen.

                  No, a single applicant can apply more than once. Your reason for the extend application wont hurt your F-1 application.............No, you cannot get a refund.

                  You withdraw by writing a letter to USCIS.............give the receipt number and your full name etc. but if u withdraw u must file th eother application before your I-94 expires!

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