Canadian B-2 Overstay to become F-1 in late 2013

[doomeddoomed 0]

Here is my situation:

• I am a Canadian who came into the US on a B-2 (no stamp, no indicated expiry date, no I-94) via air in early January 2013. I will have been in the US for 145 days since this entry when I depart at the end of May 2013 by land. (Decided to stay around and visit different friends in the US all over the country, which is what took so long.)
• Since last May 2012 (in the past 365 days), I have also been in the US for two large trips of 31 days and 40 days at the end of last year.
• I will be issued an F-1 in August, when I hope to reenter the US for studying for the next two years.

Here is what I am confused about:

• If the "6 month maximum" for Canadian tourists does not reset for the 2013 calendar year, I will have overstayed ~40 days. If the "6 month maximum" did reset, I should be okay. Which of those is true?
• If I did overstay, what are the consequences? Will it affect my entry in August even though I will be presenting an F-1?
• At no point in time have I stayed for a full 183 days without leaving while on a B-2. The 145 days is the longest I have ever stayed continuously. My travel records indicate a lot of small trips in the past 2 years while on different B-2's lasting anywhere from 3-35 days, so I am clearly demonstrating that I have reason to return to my residence of Canada.

Does anyone have any ideas for how I can ensure that I will be able to get in okay in August with an F-1? Will I be barred? Is there any chance I can take other trips on a B-2 before August, or should I not risk it?

Thank you for your help!

[Teddy B 17,252]

You have no overstay issues. For Canadian tourists who do not receive an I-94 it's 6 months per entry, not per calendar year. You will be fine for the F-1 visa.

As for taking other trips to the US on your B-2, that will be up to the POE officer at time of entry. If they decide that you're spending too much time in the US for a visitor, you might be denied entry. Too much time would be more time spent in the US than in Canada.

Edited May 8, 2013 by Teddy B

[doomeddoomed 0]

Thanks for your response! This is very helpful. A couple more things:

• If I attempt to re-enter at some point before I am given my F-1 but am denied, does it affect whether or not I can come back on the F-1?
  
• If I return with a business purpose for my next trip, would a B-1 visa be considered in a similar context to a B-2 since I am Canadian - as in they may choose to deny me entry because I am spending more time in the US than Canada, even though it is clear I have a temporary business purpose?
  

Thank you!