Change of status from B2 to F1

[SusieQQQ 11,586]

On 09/12/2017 at 3:17 PM, Nipu said:

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.

When did you actually apply for change of status? was it within 30 or 60 days of arrival? (at least the latter judging by 'june' and '4 months')

[Nipu 0]

I entered US 12 June 2017 & My case accepted in USCIS in July 31.

My semesters initial starting date was 18 september.And next semester will start from January 18.

 

[WeGuyGal 1,052]

22 minutes ago, Nipu said:

I entered US 12 June 2017 & My case accepted in USCIS in July 31.

My semesters initial starting date was 18 september.And next semester will start from January 18.

 

May we ask if this is a non-profit, reputable institution? 

[Nipu 0]

What ever there is no point to answer why i did not apply from the home country?

Becoz i thought it would take less time to change here.That was my true intension.If my cos denied i will leave this country within couple of days.I don't need to stay here illigeal.

Thnx 

[Nipu 0]

24 minutes ago, WeGuyGal said:

May we ask if this is a non-profit, reputable institution? 

Luzerne County Community College

in PA.My case is on vermont service center.And there the are processing March 13 , file till today.Mine is July 31.

[SusieQQQ 11,586]

6 hours ago, Nipu said:

I entered US 12 June 2017 & My case accepted in USCIS in July 31.

My semesters initial starting date was 18 september.And next semester will start from January 18.

 

OK so, within 60 days. You're aware that they may ask you for evidence that you did not have preconceived intent to adjust to student status when you arrived ....

5 hours ago, Nipu said:

What ever there is no point to answer why i did not apply from the home country?

Becoz i thought it would take less time to change here.That was my true intension.If my cos denied i will leave this country within couple of days.I don't need to stay here illigeal.

Thnx 

..which is indeed what you did have judging by this. Unless your B2 visa was annotated with "prospective student", then you entered using the B2 visa for a purpose for which it is not valid. If USCIS figures this out you will be denied. I presume you have already found this page http://myattorneyusa.com/change-of-status-from-b-visitor-to-f1m1-student but worth a look for a legal opinion on your situation.

 

Especially with the US, it is always better to apply for the correct visa, even if it takes longer.

Edited December 12, 2017 by SusieQQQ

[Nipu 0]

7 minutes ago, SusieQQQ said:

OK so, within 60 days. You're aware that they may ask you for evidence that you did not have preconceived intent to adjust to student status when you arrived ....

..which is indeed what you did have judging by this. Unless your B2 visa was annotated with "prospective student", then you entered using the B2 visa for a purpose for which it is not valid. If USCIS figures this out you will be denied. I presume you have already found this page http://myattorneyusa.com/change-of-status-from-b-visitor-to-f1m1-student but worth a look for a legal opinion on your situation.

 

Especially with the US, it is always better to apply for the correct visa, even if it takes longer.

Thnx a lot for the artical.As per the opinion   Of the artical i think i can explain my situation :

 

1.I obtained the B2 visa in 2015.I came here before in 2015 and 2016.This year i came here again in 2017 June and at the end of July i applied for cos.So i think my intension was right to obtain a B2 Visa.And this time i decided to earn a foreign degree thats why i applied for a cos.

 

2.I applied at july at uscis for cos and my i 94 is about to expire This december and next semester is about to start january 18. Thats why i applied fir another i539 for extension of my i 94.

 

 

The thing is i want to discuss my case here to hear legeal opinion.

 

1.I am at in a legal processing or not?

2.Am i illegal or not.

 

so i have two case pending At USCIS.First is cos , 2nd is for extension though i have a pending case thats why i have asked for an extension with proper documentation.

 

Waiting to here from u .

[Nipu 0]

8 hours ago, WeGuyGal said:

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

What is the meaning sir?

 

[WeGuyGal 1,052]

46 minutes ago, Nipu said:

 

1.I obtained the B2 visa in 2015.I came here before in 2015 and 2016.This year i came here again in 2017 June and at the end of July i applied for cos.So i think my intension was right to obtain a B2 Visa.And this time i decided to earn a foreign degree thats why i applied for a cos.

 

Do you have ties to home country, like a livable-wage paying job back home in b'desh?

 

Trips to the US in 2015.. 2016.. and 2017.  When was return ticket for this time? 

[SusieQQQ 11,586]

58 minutes ago, Nipu said:

Thnx a lot for the artical.As per the opinion   Of the artical i think i can explain my situation :

 

1.I obtained the B2 visa in 2015.I came here before in 2015 and 2016.This year i came here again in 2017 June and at the end of July i applied for cos.So i think my intension was right to obtain a B2 Visa.And this time i decided to earn a foreign degree thats why i applied for a cos.

Your original intention on obtaining the B2 seems fine. your intention on entering the US with your B2 visa this time, is inconsistent with the purpose for which it was issued. Did any CBP officer ask you what the purpose of your visit was when you entered?

[Nipu 0]

4 minutes ago, WeGuyGal said:

Do you have ties to home country, like a livable-wage paying job back home in b'desh?

 

Trips to the US in 2015.. 2016.. and 2017.  When was return ticket for this time? 

I have strong ties in my home country.I have my own consulting firm, I have my wife and properties like house,  car and so on.

 

This time my return ticket was 08-01-17.

[Nipu 0]

1 minute ago, SusieQQQ said:

Your original intention on obtaining the B2 seems fine. your intention on entering the US with your B2 visa this time, is inconsistent with the purpose for which it was issued. Did any CBP officer ask you what the purpose of your visit was when you entered?

No body ask me anything.

 

[Boiler 45,638]

So your wife is OK with this?

[SusieQQQ 11,586]

15 minutes ago, Nipu said:

I have strong ties in my home country.I have my own consulting firm, I have my wife and properties like house,  car and so on.

 

This time my return ticket was 08-01-17.

You have your own business, but you've already been gone 5 months and planning on at least 2 maybe 4 years studying in the US... so the business doesn't sound like a strong tie if it can survive you being gone that long. 

[Nipu 0]

1 minute ago, Boiler said:

So your wife is OK with this?

Both of are not ok.We just don't want to mess anything.If my cos approved its good.If it is not approved then it is also ok.But my next semester is from January 18.I have waited a lot.Just don't want to waste my time.My case is on veromont service center.And its showing there processing March 13 on or before i539.Mine is july end.Don't no how much time it will take for the dicission.