B-2 Visa Expiring While Applying for F-1 Visa

[Devingriff]

Hello,

My girlfriend's B-2 Visa is set to expire soon. She sent in her application for her F-1 visa about 2 months ago. I was under the impression that as long as she was in the F-1 application process, it is fine that her B-2 visa expires. I am now hearing that there is a new rule that this would not be permittable, and that she needs s B-2 extension that costs $375.00. Does she really need this extension? Her F-1 application was sent several weeks ago, and it seems reasonable to believe that if the application was sent in before the B-2 expiration she would be fine. Thanks in advance to any response. And any concrete links would be greatly appreciated.

[inadmissible]

Have you received the USCIS receipt of the B-2-to-F-1 change of status application?

[newacct]

Basically, yes, according to USCIS interpretation (see section "You must maintain your B-1 or B-2 status while your Form I-539 is pending.").

They require that you be in status 30 days before the program start date in order to do a Change of Status to F-1. However, Change of Status takes 3-5 months these days, so if you apply too close to the start of the program, you will miss the start of the program. And when you miss the start of the program, the school will change your program start date to a later date. Current USCIS interpretation is that, when they postpone your start date due to Change of Status taking too long, then the change of status can only be approved if you were in status 30 days before the new start date. And if your original status does not last long enough to get to that point (B-2 status is only for 6 months and is often not long enough), you must file a second I-539 to extend B2 status to bridge the gap. It's stupid.

It is often easier and quicker to just leave the US and get an F-1 visa. She will eventually need to get an F-1 visa anyway if she needs to travel out of the US in the middle of her program.