from H2B extension to F1 visa - adjustment of status?

[Stan Menards 0]

Hi guys,

I am in US on H2B visa extension wich is expire in december 31 2009, couple days ago i have applied for adjustment of status to F1.

I sent already my I-20 and I-539 plus some other proofs, the first day of my clases begin January 07 2010.

My question is:

What's gonna happen if i dont receive any answer before January 7? Shoul I still pay my first semester wich is 4k or what?

If I am not approved I will lose my tuition wich I already paid?

What do you think about it? Any advices please

thank you in advance

[marie09 5]

Hi guys,

I am in US on H2B visa extension wich is expire in december 31 2009, couple days ago i have applied for adjustment of status to F1.

I sent already my I-20 and I-539 plus some other proofs, the first day of my clases begin January 07 2010.

My question is:

What's gonna happen if i dont receive any answer before January 7? Shoul I still pay my first semester wich is 4k or what?

If I am not approved I will lose my tuition wich I already paid?

What do you think about it? Any advices please

thank you in advance

I think it depends on the school... I would probably go talk to the international office at the college i'm sure they will advise you.

Best of Luck to you

[km24 0]

Hi guys,

I am in US on H2B visa extension wich is expire in december 31 2009, couple days ago i have applied for adjustment of status to F1.

I sent already my I-20 and I-539 plus some other proofs, the first day of my clases begin January 07 2010.

My question is:

What's gonna happen if i dont receive any answer before January 7? Shoul I still pay my first semester wich is 4k or what?

If I am not approved I will lose my tuition wich I already paid?

What do you think about it? Any advices please

thank you in advance

I've also experienced that. School started April 2009 but since I still didn't receive the approval notice that time, I called the school and notified them that I haven't received the approval notice yet. They told me to wait for my papers and will start school on June. F1 visa takes like 3 months to process.

[Stan Menards 0]

I think it depends on the school... I would probably go talk to the international office at the college i'm sure they will advise you.

Best of Luck to you

Thank you

when i Talked with them they also told me in 3 months i will receive the new I-94,

probably that's mean now in december i have to pay for my first classes. Any other advices?

[FortLaudy 10]

I don't think the school can enroll you withouth a valid F1 visa, so you'll be in immigration "limbo" between when your current first visa expires and the F1 is in place... You won't be able to enroll in any classes or get a student I.D before getting your F1 & I-94 physically in your passport... so you might not be able to enroll in classes as early as January, however if you're very lucky you might get it all done before late sessios start (short courses that run 6-8 weeks towards the end of the semester).

So if you're really eager to start and have the full amount of tuition ready (you have to be enrolled full time - 12 credits per semester and pay upfront) you can look at courses that start late, speak to the professors of those courses and try and secure a seat in those classes for next semester... or wait until Summer, or worse August (yikes!) Some schools only let international students start classes at the beginning Fall & Winter Semesters, not summers... so if you don't get enrolled for next semester you might have a looooong wait... ask your Intl. student advisor about this issue right away... Good luck and hopefully your F1 application is speedy!

[Stan Menards 0]

......

Thank you

I have been enroled in the school March 2009, in that time i was under h2b and i am in the system already with student ID ,

that's why was so quick now for me to apply in the last minute for Adjustment of status.

/I could not do that in september because i had no money to proof in that time /

I do have the money now for the tuition first semster winter and i can pay them,

but i am wondering what's gonna happen if i receive deny from the imigrations? I have to leave the country and i will lose my money?

[milimelo 4,572]

......

Thank you

I have been enroled in the school March 2009, in that time i was under h2b and i am in the system already with student ID ,

that's why was so quick now for me to apply in the last minute for Adjustment of status.

/I could not do that in september because i had no money to proof in that time /

I do have the money now for the tuition first semster winter and i can pay them,

but i am wondering what's gonna happen if i receive deny from the imigrations? I have to leave the country and i will lose my money?

Wouldn't a quick trip to Bulgaria be faster to obtain F-1 visa - that way you have both the visa and I-94 in passport. I had a friend who completed her J-1 visa, then went back home for 12 weeks just to get the F-1 visa. No questions asked and got her visa in under a week.

[Stan Menards 0]

Wouldn't a quick trip to Bulgaria be faster to obtain F-1 visa - that way you have both the visa and I-94 in passport. I had a friend who completed her J-1 visa, then went back home for 12 weeks just to get the F-1 visa. No questions asked and got her visa in under a week.

nope, i have been in US already 3 years on H2B and there is no way now us embassy in Bulgaria to give me a student visa f1.

I am already in process Adjustment of status and that's why my question for

[Stan Menards 0]

i found that:

2.2. From within the United States

The prospective nonimmigrant student must:

1. Be in the United States in a valid nonimmigrant status and eligible to change to F-1 or M-1 status (See USCIS website on who may change status).

2. Be accepted by an SEVP-certified school, receive a Form I-20, and pay the SEVIS I-901 fee, as in steps 1 to 3 above.

3. Use a Form I-539 to apply to USCIS for a change of status.

4. Receive approval from USCIS for the change of status.

5. Be prepared to depart the United States immediately if the change of status application is denied.

7.3. Can a nonimmigrant start classes while a change of status to F-1/M-1 is pending?

It depends on the nonimmigrant’s current status. Nonimmigrants in F-2, M-2, B-1, and B-2 may not begin taking classes until the change of status is approved.

Other classes of nonimmigrants may begin attending school but their SEVIS record will not be activated until the change of status is approved. F-1 and M-1 benefits do not start until the change of status takes effect.

We recommend that nonimmigrants contact their DSO if USCIS has not adjudicated the change of status at least 15 days before the program start date on their Form I-20. The DSO can defer the program start date. Not deferring the program start date may result in termination of a SEVIS record and a denial of the change of status application.

7.4. Is a nonimmigrant that is pending a change of status to F-1 or M-1 entitled to student benefits?

No. Nonimmigrants with pending change of status to F-1 or M-1 are not entitled to any nonimmigrant student benefits (such as on-campus employment) until the change of status takes effect. Until that time, they do, however, retain the benefits for their current nonimmigrant status. So, for example, an H-1b must continue to work while a change of status is pending.

[milimelo 4,572]

i found that:

2.2. From within the United States

The prospective nonimmigrant student must:

1. Be in the United States in a valid nonimmigrant status and eligible to change to F-1 or M-1 status (See USCIS website on who may change status).

2. Be accepted by an SEVP-certified school, receive a Form I-20, and pay the SEVIS I-901 fee, as in steps 1 to 3 above.

3. Use a Form I-539 to apply to USCIS for a change of status.

4. Receive approval from USCIS for the change of status.

5. Be prepared to depart the United States immediately if the change of status application is denied.

7.3. Can a nonimmigrant start classes while a change of status to F-1/M-1 is pending?

It depends on the nonimmigrant's current status. Nonimmigrants in F-2, M-2, B-1, and B-2 may not begin taking classes until the change of status is approved.

Other classes of nonimmigrants may begin attending school but their SEVIS record will not be activated until the change of status is approved. F-1 and M-1 benefits do not start until the change of status takes effect.

We recommend that nonimmigrants contact their DSO if USCIS has not adjudicated the change of status at least 15 days before the program start date on their Form I-20. The DSO can defer the program start date. Not deferring the program start date may result in termination of a SEVIS record and a denial of the change of status application.

7.4. Is a nonimmigrant that is pending a change of status to F-1 or M-1 entitled to student benefits?

No. Nonimmigrants with pending change of status to F-1 or M-1 are not entitled to any nonimmigrant student benefits (such as on-campus employment) until the change of status takes effect. Until that time, they do, however, retain the benefits for their current nonimmigrant status. So, for example, an H-1b must continue to work while a change of status is pending.

That's why I said it may be quicker and easier to do it from home country.