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Tzen111

Is it posible to get my change status and F1 visa approved even if my 6 months stay in US expired while waiting for the result?

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Filed: EB-2 Visa Country: Philippines
Timeline

I applied my change of  status last August 30th 2017, I got my receipt notice from  USCIS that they received my application for change status September 25, 2017. my 6 months stay here expired September 17, 2017 and now im still waiting for the result. 

 when do you think i will get the result?

do you think im still qualified to extend my stay here? thank you so much

 

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The result will be that you won't get the F1 because now you are out of status and illegally in US. 


What did you think????

 

This is why on VJ we always tell people not to do the change of status within the US. Everyone ends up with this same issue. I'm sorry to say that there are ton of threads of people saying this.

 

If you don't leave as soon as possible you will end up with a 3 year ban for staying longer than allowed.

 

What is sad is that if you had gone back to your country you might have gotten the visa. Plus, now your visitor visa will likely be revoked because you violated the conditions and being from PH, you won't be getting another one in a long time.

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u screwed up really bad.  did u use lawyer or do urself?    https://studyinthestates.dhs.gov/change-of-status

Special Instructions for Changing to a Nonimmigrant Student Status from B-1/B-2 status

If you are changing status from B-1/B-2 to F or M student, refrain from enrolling in or beginning your studies until USCIS has approved your change of status. If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. You may need to wait to attend (have deferred attendance).

Please note that you must maintain your B-1 or B-2 status while your Form I-539 is pending.

USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date

This means you will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

  • Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. In this case, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, USCIS will deny your Form I-539 request to change to F-1 or M-1 status. Please continue to check the USCIS processing times while your Form I-539 change of status request is pending to determine if you need to file a request to extend your B-1/B-2 status.
  • Your F-1 or M-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date, and your B-1/B-2 status expires more than 30 days before that program start date. You will need to file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.

Because extending your current stay in B-1 or B-2 status or changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request, per the User Fee Statute, found at 31 U.S.C. 9701. For more information about this process, please visit USCIS Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School.

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Filed: EB-2 Visa Country: Philippines
Timeline
2 hours ago, BuiQuang said:

u screwed up really bad.  did u use lawyer or do urself?    https://studyinthestates.dhs.gov/change-of-status

Special Instructions for Changing to a Nonimmigrant Student Status from B-1/B-2 status

If you are changing status from B-1/B-2 to F or M student, refrain from enrolling in or beginning your studies until USCIS has approved your change of status. If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. You may need to wait to attend (have deferred attendance).

Please note that you must maintain your B-1 or B-2 status while your Form I-539 is pending.

USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date

This means you will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

  • Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. In this case, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, USCIS will deny your Form I-539 request to change to F-1 or M-1 status. Please continue to check the USCIS processing times while your Form I-539 change of status request is pending to determine if you need to file a request to extend your B-1/B-2 status.
  • Your F-1 or M-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date, and your B-1/B-2 status expires more than 30 days before that program start date. You will need to file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.

Because extending your current stay in B-1 or B-2 status or changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request, per the User Fee Statute, found at 31 U.S.C. 9701. For more information about this process, please visit USCIS Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School.

i asked my lawyer about that. and she said as long as i filed my change status it will still be good to stay here even if my i-94 expired. it's just that i need to wait for the other receipts. but yea, im worried now when will i receive the result.  there's no way for them to approve my application? :(

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  • 3 months later...
On 27/10/2017 at 10:16 PM, Tzen111 said:

i asked my lawyer about that. and she said as long as i filed my change status it will still be good to stay here even if my i-94 expired. it's just that i need to wait for the other receipts. but yea, im worried now when will i receive the result.  there's no way for them to approve my application? :(

Were u able to get ur cos approved?

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