B2 to F1 Change of Status

[Damian 7893]

Hi, my name is Damian and i’m currently in the US on a B2 status.
I have always been true to the purpose of obtaining my Visa from the Consulate as the Visa was approved for the purpose of TAKING AN ADMISSION QUALIFYING EXAMINATION.
My Visa was not annotated “Prospective Student”.
Fortunately i have gained admission into a SEVIS school and I wish to change my Status from B2-F1.
Do I qualify to change my status? Does the preconceived intent rule affect me

[newacct]

There is no problem with entering on B2 with preconceived intent to change into another nonimmigrant status.

But B2 Change of Status to F1 is a bad idea. Change of Status will only be approved if you are in status (i.e. your B2 status has not expired) 30 days before the start date of your program. However, Change of Status takes many months (sometimes more than half a year) to approve, and you cannot start studying until the Change of Status is approved. This usually means you will miss the start date of your program, and your school has to postpone your start date. If your school postpones your start date, USCIS takes the position that you must be in status 30 days before the new (later) start date, or your Change of Status will be denied. Because you can't predict how long the Change of Status will take, and therefore can't predict how much the start date will be delayed, this means you basically have to maintain B2 status (filing B2 Extensions of Status to "bridge the gap" if necessary, paying the necessary fees) through the entire time the Change of Status is pending. If at all possible, getting an F1 visa abroad is much simpler and faster.

[Damian 7893]

There is no problem with entering on B2 with preconceived intent to change into another nonimmigrant status.

But B2 Change of Status to F1 is a bad idea. Change of Status will only be approved if you are in status (i.e. your B2 status has not expired) 30 days before the start date of your program. However, Change of Status takes many months (sometimes more than half a year) to approve, and you cannot start studying until the Change of Status is approved. This usually means you will miss the start date of your program, and your school has to postpone your start date. If your school postpones your start date, USCIS takes the position that you must be in status 30 days before the new (later) start date, or your Change of Status will be denied. Because you can't predict how long the Change of Status will take, and therefore can't predict how much the start date will be delayed, this means you basically have to maintain B2 status (filing B2 Extensions of Status to "bridge the gap" if necessary, paying the necessary fees) through the entire time the Change of Status is pending. If at all possible, getting an F1 visa abroad is much simpler and faster.

Thanks for the reply. Can i file the B1/B2 extensions on the basis of being in valid status pending when my change of status to F1 is approved?

[newacct]

Thanks for the reply. Can i file the B1/B2 extensions on the basis of being in valid status pending when my change of status to F1 is approved?

You can file B2 extension of status before your B2 status expires, and your change of status to F1 can depend on the B2 extension of status, such that if the B2 extension of status is approved, it will give you status up to 30 days before your new school start date.

[Damian 7893]

You can file B2 extension of status before your B2 status expires, and your change of status to F1 can depend on the B2 extension of status, such that if the B2 extension of status is approved, it will give you status up to 30 days before your new school start date.

Explicit explanation Sir. Thank you very much.
Lastly, in the Extension of status application, I understand i’m suppose to write a cover letter supporting my application. When asked the reason for extending status, can I simply say “ To remains in Status pending when my COS application is being Adjudicated”?
Also, is it advisable to file and submit both COS and Extension application at the same time? Or it’s okay to file the COS application before the Extension?

[R78]

Other members have provided good feedback. I must add that it is all all about the intent when entering the country.
If you came to the US as a visitor but started looking to enroll in school, the USCIS may view it bad light. In your case, it looks like the B2 was for an examination.

There are several possibilities.
1. B2 to F1 gets approved with change of status (you get the I-94)
2. B2 to F1 gets rejected
3. B2 to F1 gets approved without I-94/COS, which means you need to leave the country, interview at a US consulate and get F1 stamp.

Also note that F1 must be filed and approved while your B2 is still valid.
If the case is pending while your current I-94 expires, you need to leave the US. F1's are only approved as long as B2 is in status. Currently, it can take 3-7 months, maybe more to process such cases.

[newacct]

3. B2 to F1 gets approved without I-94/COS, which means you need to leave the country, interview at a US consulate and get F1 stamp.

That doesn't make any sense. Change of Status is the only thing they are applying for. There is nothing else to be "approved" other than Change of Status.

[R78]

without extension of stay 797B

[newacct]

without extension of stay 797B

That's not possible for someone filing I-539. I-539 is only for filing Extension of Status or Change of Status, and nothing else. There is nothing to approve if EOS/COS is not approved. You may be thinking of where the company files I-129 worker petition, and with that petition also requests Change of Status or Extension of Status. That is not relevant here.