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Kate Luu

Changing to F1 status with a pending B2 status

By Kate Luu in Student & Exchange Visitor Visas

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Kate Luu Newbie

Kate Luu   0

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Timeline
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Hi. I graduated university in Vietnam and came to USA with a J1 Visa for 1 year. After that I applied for B2 and B2 extension but I haven't get the approval yet.

Now I want to apply as international student with the F1 status. Is it possible if I can apply now or I have to wait for the B2 approval ?

Boiler Grand Master

Boiler   45,863

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You have to be in status to adjust status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Wouldn't be a bad idea to apply for F1 from your home country for Summer/Fall semester. COS are taking several months to be processed. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted

Applying for a new F-1 in Vietnam would’ve been a much better way to go. USCIS is dangerously backlogged in almost all domains and petitions are taking way longer than usual. Besides as mentioned above you have to be in valid status to change to another status so you’re trapped until your B-2 change of status is adjudicated positively to have another chance to apply for your F-1 change of status. It’s a risky game you’re playing jumping statuses like this because if denied you’ll have to depart the U.S. immediately before acquiring a bar, and a denial on your immigration record will make it difficult to get any sort of non-immigrant visa in the future if you depart the U.S. to apply for one. 

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted

Some J1s do not allow you to change to an F1 within the US. The best way to go would be to go back to your country. 

 

Moreover, you can only start the F1 status within 30 days before classes start so changing to an F1 is very tricky. USCIS regularly rejects people because of that; plus, because USCIS takes 6 months to process a change to F1 status it is hard to estimate when to apply. If you check the forum, there are a lot of cases in which USCIS rejected change of status or classes started and people are still waiting (and you cannot start class mid-semester so USCIS will probably reject application too). 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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