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Filed: Timeline
Posted

Hello,

I currently have a B1/B2 stamp on my passport valid for more 10 years. I entered the U.S. on January 13 and my I-94 is valid until July 12. However, I only stayed in the U.S. for a week and went to Canada as a visitor where I currently am until February 19. I will go back to the U.S. on February 19 to get my connection flight to my country.
I recently found out a certification program in California that I'm thinking to register. This program takes 9 months to finish. I know I can't do it with my current status.
The registration deadline for the certification is March 15.
So, here are my questions:
a) If I request to change status from B1/B2 to F1 on March 15, should I use the I-94 from January 13 or the time I spent in Canada would count against me and I should use the I-94 they would give me when I go back on February 19?
In both cases, I would be less than 3 months which is risky but I had F1 and H1B visas before and I never got any denies.
b) When I go back to the U.S. on February 19, if I tell the officer at POE that I have the intention to seek studies and they add that to my I-94, how soon could I request to change my status to F1? Would it be safe to request the COS on March 15 after arriving on February 19?
I know I could go back to my country and get a F1 visa, but since I'm in North America one of those two options would save me time and money (air ticket).
Thanks for your time and help.
Filed: Country: Vietnam (no flag)
Timeline
Posted

A) Going to Canada does not reset the clock under US laws. Too many visitors have tried resetting the time allowed in the US by going to Canada or Mexico, so the US specifically say going to these countries do not count.

B) tell CBP that you intend to change status, and you will not be allowed into the US.

While your plan will save you time and money, it's not doable IMHO.

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is my understanding that in these circumstances you need your B entry annotated that you will be looking to change status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

I have read that a B1/B2 at POE can express interest to study and that the officer can make a note on your I-94.

I didn't get my B1/B2 visa thinking about study. If that was what I wanted I could easily get a F1 visa instead.

I'm in North America and I have just found out about a interesting certification. I'm not sure I will register for it. I want to go to the University firts and get information.

What is wrong with being honest and tell the truth at POE?

If I decide I want to do that program, I can always go back to my country and get a F1 visa as I have done before. So, what is the point of not allow to change of status within U.S.?

Filed: K-1 Visa Country: Greece
Timeline
Posted

I am not sure it is possible. When you got your B-2 you didn't have to show that you can pay for tuition and support yourself and such as you already know since you have had a F-1 before. Plus, the school could not accept you because you do not have an I-20 (which yes they provide you with, but the Embassy approves of) nor paid for SEVIS. The safest thing to do is learn more about this school and such and ask them for their international student application which you can either file there and have them send the acceptance letter to your home country's address so you can file for an F-1 at the embassy. It seems like a hassle, but it is what it is.

Filed: K-1 Visa Country: Wales
Timeline
Posted

OP was asking about F1 status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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