Can we continue in USA while B1 to F1 gets transferred?

[VisaPangs]

Would be grateful if someone could give timely and factual answer, Thank you.

A person on B1 (Visitor) visa obtains I-20 from a University and files a B1 to F1 status transfer application with the USCIS.

Can this B1 visa holder stay in USA beyond his permitted time basis the application for status transfer to F1?

E.g.:
Sohan enters USA on 1st January 2012 on a B1/B2 visa. He is allowed stay till 30th June 2012. In the month of June, Sohan enrolls in a University and obtains a I-20 and submits his application for status transfer to F1 on 20th June 2012.

Can Sohan stay in USA beyond 30th June 2012, till the time USCIS responds / decides on the case, basis his application submitted on 20th June 2012?

Experiences / suggestions / observations welcome.

Thank you

[peace999]

Yes, you can . You are legal till the response comes. If it is a yes, no problems.

But If it is denied, then you must understand this;
Then you are technically out of status because your original I-94 would have expired. In that case you must leave asap( practically in a couple of days) .
Also, when you return your original I-94 at departure , it will record an overstay in the system.

What it means in practical terms is that when you enter next time on the same B1/B2,
the officer may stop you for overstay. But you must carry the denial letter for change of status
and proof of your departure to show to the officer, so he will let you in.

[VISAOFFICER]

Technically YES but practically NO

You have to know that Visa officers look more at circumstance than technicalities, in your question you are in violation of revised B1/ 2 visa regulations which clearly states that for potential students B1/2 is not the correct catogory, More over in you ds 160 you had clearly mentioned your purpose of the trip, This sort of transfer of status is generally approved for countries which have a VWP with the us but in case of india its a diffrent case, you have to remember F1 dosent mean you get a automatic approval from VO and tough questions would be asked, its better if you return home as stated in your ds160 and reapply as F1

[VisaPangs]

Thank you Peace999 and VisaOfficer

Your responses do help quite a bit.

Right now the I-20 Form is becoming an issue, the University has its own logic, they are stating that applicants are legal for 60 days from the day of having an I-20 issued.

I am not expecting them to process the I-20 form timely, so i guess i will be leaving the country within my I-94 duration.

Thank you for your responses though

Appreciate!

[moreonlife]

If status has been changed from B1/B2 to F1 while staying in the USA then would it be affecting negative for a F4 visa which is about to mature after 5 years? F4 petition already filed before changing to F1 status from B1/B2 and to face the F4 visa interview, applicant might need to travel back to his Country of Origin after 5 years. Is there any kind person please response urgently if there would be an issue while facing the F4 visa interview back home after completing the degree in USA for which the F1 visa status has been changed from B1/B2 while staying in US. Hope there would be no legal issues that Visa Officer might ask during in the interview. Applicant would look for a H1B visa after completing studies. Basically my question is as far as applicant does not become an illegal while staying in USA then does he remain illegible for a F4 visa? Applicant is not the principal nominee for F4 visa but his wife is the principal applicant who will be staying back home. Thanking in advance for a prompt response and really appreciate your advise please.

[peace999]

If status has been changed from B1/B2 to F1 while staying in the USA then would it be affecting negative for a F4 visa which is about to mature after 5 years? F4 petition already filed before changing to F1 status from B1/B2 and to face the F4 visa interview, applicant might need to travel back to his Country of Origin after 5 years. Is there any kind person please response urgently if there would be an issue while facing the F4 visa interview back home after completing the degree in USA for which the F1 visa status has been changed from B1/B2 while staying in US. Hope there would be no legal issues that Visa Officer might ask during in the interview. Applicant would look for a H1B visa after completing studies. Basically my question is as far as applicant does not become an illegal while staying in USA then does he remain illegible for a F4 visa? Applicant is not the principal nominee for F4 visa but his wife is the principal applicant who will be staying back home. Thanking in advance for a prompt response and really appreciate your advise please.

By F4 , do you mean family based immigrant visa petition filed by Brother or sister of US citizen?

If yes, the issue you have raised is not a problem at all. As long as you have never been out of status in US, you won't have any problems.

[moreonlife]

Yes. It is family based immigrant visa petition filed by Brother or sister of US citizen.

Thank you so much for your quick response. Very helpful.

Kind regards

[VisaPangs]

CPT I-20 while B1/B2 gets converted to F1

Thank you for your earlier responses, Gentlemen and Ladies.

Here is my new life scenario for your kind inputs, please.

I am on B1/B2 visa and have filed for F1 visa before my B1/B2 I-94 expires. I am hoping there is no new twist in this - so this is taken care of.

My new situation is:
I have an I-20 form from the University where i have registered (I am still on B1/B2). While i await my F1 visa, can i go ahead and ask the University to issue me a CPT I-20?

Let me know, please.

Heartfelt thanks for your earlier responses.

Cheers and Good luck.