Change of status from B2 to F1

[Nipu 0]

I came into US on June 2017.This is my 3rd time in US.This time i decided to go to college here to earn a foreign degree.I got admited and got my I 20.I paid the sevis fee and applied for chhange os staus from B1 to F1.Uscis received my application as well.4 months have passed still the decission is pending.My I 94 is up to this December.I have already missed the current semester.And i am going to miss the next semester as well.My i94 is also going to be expired. i called USCIS even they couldnt give me any proper answer.So last week i applied another i 539 for extension of my i 94.

I am kind of stucked.There is no clear instructions.

i dont know how much time it may take?

Either its working or not. no idea.

 

Any recommendTion?

plz help me

[Mollie09 1,543]

While the COS is processing, you're in a period of authorized stay. No one can tell you how long it will take, have you seen any updates on your case online?

[Nipu 0]

I check the update in USCiS web page.It says they have received my case and its under processing.

And the historical processing time of uscis says it might take 120 days to get approved.its already 130 days. If its says about business day it will be at january.

 

 

[Boiler 43,576]

You have to be in status to adjust status, applying for an extension of stay seems a long shot, you would need a valid reason.

 

My assumption is that you need to leave before you authorised stay expires and apply for a Visa at your local consulate.

[milimelo 4,226]

Unless you had prospective student annotation on your visa you'll probably not be able to do COS. Why didn't you go back to your country to get a student visa? 

[WeGuyGal 1,052]

Best to have applied in home country precisely to avoid such dilemmas. 

[Coco8 1,039]

You have to leave. Every week people on VJ wonder the same and then they end up with a ban to the US or with the inability to get visas because they overstayed. 

 

- Changing status takes more than 6 months, that is longer than what a visitor visa allows you to stay in the US. Going over time is overstaying so you visa will be invalid and you won't be able to get any visa every again. 

 

- It is not seen well by consulates to change status in the US from a visitor visa. That is, once USCIS tells you "no", the consulate won't like it when you go an ask them for a visa.

 

-  USCIS denies visas if your start date at school is more than 20-30 days because you can only be with F-1 present in the US 30 days before school starts. Classes start in January so (1) once your i-94 expires they are not going to with you the F1 because you are not legally in the US (2) Classes are a month away or more, depending on where you are going to school, so they will deny your F1 on that matter too.

 

I don't get why stay in the US for 6 months waiting for this! That is more expensive than buying a ticket to anywhere in the world and going to the consulate to do this. 

 

PEOPLE SHOULD STOP PURSUING THIS. I AM TIRED OF SAYING THIS!

 

You chances of getting an F1 are slim. You should go to your country and try an F1 to start classes August/September. You might have a small chance then.

 

 

 

Edited December 10, 2017 by Coco8

[Boiler 43,576]

But he does not want to go home and presumably this is the only option to stay.

[Nipu 0]

So My I539 dicission is pending, And you want me to apply it again from my home country?

I have every requirements full filled .I thought it would be easier for me to to change my status feom here.

[Coco8 1,039]

35 minutes ago, Nipu said:

So My I539 dicission is pending, And you want me to apply it again from my home country?

I have every requirements full filled .I thought it would be easier for me to to change my status feom here.

You said your i-94 is about to expire. If you do not leave before that, say goodbye to any chance of F1 to the US. And you B1/B2 will be invalidated once you stay past your i-94 because you violated the terms of the visa, so you won't be able to get another one.

 

No, it is not easier to chance status within the US. 

[Nipu 0]

Can u tell me what its say?

[Coco8 1,039]

It means you have to maintain your visa status. Once your i-94 expires, your visa status goes out the window so you have to leave before that date.

 

The rest is what I mentioned. They cannot give you F1 status earlier than 30 days before classes start. So it is a big mess to try to change status within the US. Go to your country and apply at the consulate.

[CASLACAPO 0]

Hi,

Don’t be afraid. Don’t pay lawyers. Don’t waste your money neither your time. I have been through your same process in 2014/2015. I came as a tourist in September 2014, and I changed my status from B2 to F1. I didn’t have any prospective thing in my passport at all. I started the process in December 2014. My i94 expired in March 2015, and I got the approval in July 2015. As long as you are waiting for the approval you are fine. Even though your i94 is expired since you have a USCIS case open your are legal. If your case is denied you must leave the country as soon as possible. My case lasted 7 month so 210 day approximately. So you still have a long way. Everything I read here didn’t happen to me. Do not leave the country until you have a decision in your case because if you leave you will lose the case. By the way, I am still student. There is no expiration date for the Student status as long as you are studying. I am with the EAD (employment authorization document) for 1 year after graduating . When my EAD expires, I will enroll towards my bachelor, then 3 years more of working authorization, then a Master with another year, etc. Of course everything depends on your behavior here in the US, no criminal records, etc, but Be positive and everything is going to be fine!

 

 

[Coco8 1,039]

1 hour ago, CASLACAPO said:

Hi,

Don’t be afraid. Don’t pay lawyers. Don’t waste your money neither your time. I have been through your same process in 2014/2015. I came as a tourist in September 2014, and I changed my status from B2 to F1. I didn’t have any prospective thing in my passport at all. I started the process in December 2014. My i94 expired in March 2015, and I got the approval in July 2015. As long as you are waiting for the approval you are fine. Even though your i94 is expired since you have a USCIS case open your are legal. If your case is denied you must leave the country as soon as possible. My case lasted 7 month so 210 day approximately. So you still have a long way. Everything I read here didn’t happen to me. Do not leave the country until you have a decision in your case because if you leave you will lose the case. By the way, I am still student. There is no expiration date for the Student status as long as you are studying. I am with the EAD (employment authorization document) for 1 year after graduating . When my EAD expires, I will enroll towards my bachelor, then 3 years more of working authorization, then a Master with another year, etc. Of course everything depends on your behavior here in the US, no criminal records, etc, but Be positive and everything is going to be fine!

 

 

 

Not true. Every week in the past few months there is someone who got denied the change of status from B2 to F1. Maybe you got lucky because it was 2014/2015. Plus, it is weird how you got approved July and classes start at the end of August, so did you get your F1 status more than 30 days before class started? That is not allowed. 

 

Also, how is it that you are not enrolled in bachelor right now? Are you enrolled for high school? High school does not have OPT. 

 

This is very bad advice. 

[WeGuyGal 1,052]

Odd.. new member joins to respond to ONE post.  OP's clone?