COS and Visa Extention at the same time?

[Sun_derdale 0]

Hi everyone,

I read this forum from a while and I would be very happy if you can help my with my question.

I came in U.S. on B2 visa and I told at the airport that I'm attending a TOEFL preparation class for 2 months and then I'm planing to apply for school and F1 status from here and not going back to my country. I was expecting to get "Prospective student" stamp on my I-94, but it didn't happen and I thought it's not a good idea to ask for it.

Anyway, now I'm waiting for USCIS decision on my COS application and I-94 expires on April 29. My question is, can I also apply for extension on my B2 visa?

The only reason I'm thinking of this is that if I get DENIAL + overstayed I-94 = it will be realy hard to get an F1 visa from my country after that!

Thank you!

[Boiler 45,525]

What would be the reason for an extension?

[Sun_derdale 0]

What would be the reason for an extension?

Well, I mentioned it in my post. My I-94 expires at the end of this month, so when I get the answer from USCIS ( may or june) I would be already out of status and if I get DENIAL I must leave the states immediately. Then, when I go to the US embassy in my country to get a F1 visa, I'll definately have problems because of this overstay.

But if I get B2 visa extention I can prove that I've been in the U.S. legally all of the time.

[Harsh_77 718]

As Boiler mentioned what would be your reason for extension of the B1? Have you already been admitted to college do you have I-20?

From your post I m assuming you have already been accepted by school and has your school started the COS process?

[Sun_derdale 0]

Yes, I have I-20 from my school and I'm doing the COS procedure myself. I'm looking at the B2 visa extension as an insurance or "B" plan in case USCIS don't approve my request for change of status. I'm just scared of being out of status, which will cause me problems for getting new nonimmigrant visa in future.

[Harsh_77 718]

You would not be out of status as you have applied for COS while in good standing, but if the COS does not work and your request gets denied, you will have to leave immediately.

[Boiler 45,525]

Seems you have no reason for an extension, you might get lucky.

[Harsh_77 718]

If he has already applied for COS while he was in status then he would not need extension of the B1/2.

While you are waiting for the response from USCIS you are legally in the country.

[Sun_derdale 0]

I know all of you are right, but I worry a lot what's gonna happen back in my embassy in case of COS denial. This is my fourth entry in U.S. and every time I apply for visa they ask you lots of questions, but I've always been back on time. Now I'm sure they will make a problem of the overstay and will not like my intention to change the status from here. I guess this is an immigration fraud for them!

I'm thinking to apply for B2 extension few days before my I-94 expires, it'll make me sleep better

[Boiler 45,525]

I think it matters not, they admitted you for a certain duration, getting another visa with what you are proposing would be challenging.