Status while awaiting change from B1 to F1.

[SilverMonk 194]

What is the status of a person that had filed to change from a B1/B2 visa to an F1 while they wait for the process. 

 

Is that person technically considered as illegal if their 6 month initial stay on the tourist visa had expired? Or what will their status be?

[Jojo92122 1,924]

WHY????????

 

LOOK AT ALL THE FAILED CHANGE OF STATUS FROM B-2 to F-1.  SEARCH VISAJOURNEY.

 

With the COS, the person is authorized to stay.  However, a denied COS means the person will have overstayed. 

A person can apply for a COS within 30 days of starting classes.  However, there is NEVER enough time to get the COS approved before 30 days.  They person can not start school without an F-1 status and will end up out of status.  

 

Go home and get a student visa the normal way.  A B-2 is not a good shortcut or an easier way to get F-1 status.  Repeating this mistake that many people have failed at is not a good idea.

 

 

Edited August 9, 2018 by Jojo92122

[geowrian 22,337]

Agreed...it's risky to do COS to F-1. Go for the visa.

[SilverMonk 194]

14 minutes ago, Jojo92122 said:

WHY????????

 

LOOK AT ALL THE FAILED CHANGE OF STATUS FROM B-2 to F-1.  SEARCH VISAJOURNEY.

 

With the COS, the person is authorized to stay.  However, a denied COS means the person will have overstayed. 

A person can apply for a COS within 30 days of starting classes.  However, there is NEVER enough time to get the COS approved before 30 days.  They person can not start school without an F-1 status and will end up out of status.  

 

Go home and get a student visa the normal way.  A B-2 is not a good shortcut or an easier way to get F-1 status.  Repeating this mistake that many people have failed at is not a good idea.

 

 

Oh no, this is not for me lol im currently the beneficiary I'm a K-1 petition . Someone that I know is changing from a tourist to a student visa so I wondered what the person's status is during this time.

 

Because I was just thinking to myself, if someone retains somewhat of a legal status while changing status form a tourist into a student, then everyone that goes to the US on a tourist visa and wants to stay a little longer is going to want to do that.

 

[Suny & LeLe 174]

they also need to file a B1/B2 extension while their Change of Status i being process!

[arken 4,197]

6 minutes ago, SilverMonk said:

 

Because I was just thinking to myself, if someone retains somewhat of a legal status while changing status form a tourist into a student, then everyone that goes to the US on a tourist visa and wants to stay a little longer is going to want to do that.

 

While the status while the COS is pending is legal, the entire stay after the initial authorized stay will be considered unlawful if the COS is denied. That will affect any future travel.

[Jojo92122 1,924]

17 minutes ago, SilverMonk said:

Oh no, this is not for me lol im currently the beneficiary I'm a K-1 petition . Someone that I know is changing from a tourist to a student visa so I wondered what the person's status is during this time.

 

Because I was just thinking to myself, if someone retains somewhat of a legal status while changing status form a tourist into a student, then everyone that goes to the US on a tourist visa and wants to stay a little longer is going to want to do that.

 

Stupid. Stupid. Stupid.  Talking about the someone you know.

 

A student should learn things before trying it out in real life.  There's this new invention called Google.  A simple search would have given this someone pause.  However, this brilliant student thought he/she got a good plan to use a visitor visa to change status to an F-1 student visa.  A plan that this student didn't bother to research.  Bad student.  

[SilverMonk 194]

10 minutes ago, arken said:

While the status while the COS is pending is legal, the entire stay after the initial authorized stay will be considered unlawful if the COS is denied. That will affect any future travel.

Thats a risky game. So basically if you apply for a change of status and have it denied, then they consider you as having been illegal during during the COS phase? Or is that not it?

 

1 minute ago, Jojo92122 said:

Stupid. Stupid. Stupid.  Talking about the someone you know.

 

A student should learn things before trying it out in real life.  There's this new invention called Google.  A simple search would have given this someone pause.  However, this brilliant student thought he/she got a good plan to use a visitor visa to change status to an F-1 student visa.  A plan that this student didn't bother to research.  Bad student.

I'd say that they're extremely naive or overly optimistic. 

Lol Agree, that's why I was like '' wait, this cant be so easy as to just, get a tourist visa and then change into a student visa''. And the person i'm referring to said that they'd be back by september if they couldnt get the change of status. But it just did some quick research and it seems like its currently taking 12-16 months to process the COS.

But hey, to each their own. I already have my K-1 to deal with that is 5 days away from being outside of normal processing times.

[arken 4,197]

9 minutes ago, Jojo92122 said:

Stupid. Stupid. Stupid.  Talking about the someone you know.

 

A student should learn things before trying it out in real life.  There's this new invention called Google.  A simple search would have given this someone pause.  However, this brilliant student thought he/she got a good plan to use a visitor visa to change status to an F-1 student visa.  A plan that this student didn't bother to research.  Bad student.  

Someone using the available and allowed process of COS from B1 to F1 isn’t stupid nor a bad student. Getting approval or denial is a separate thing but going thru the process allowed by the USCIS is never stupid.

[WeGuyGal 1,052]

1 hour ago, SilverMonk said:

What is the status of a person that had filed to change from a B1/B2 visa to an F1 while they wait for the process. 

 

Is that person technically considered as illegal if their 6 month initial stay on the tourist visa had expired? Or what will their status be?

When they applied for a b2 visa, didn't they declare ties to home, like a job, school, family, etc?  What happens to those ties when they're in the US for 6 months on a b2, then decide to stay longer to "study"? 

[WeGuyGal 1,052]

4 minutes ago, arken said:

Someone using the available and allowed process of COS from B1 to F1 isn’t stupid nor a bad student. Getting approval or denial is a separate thing but going thru the process allowed by the USCIS is never stupid.

It is illegal (against the terms of their visa), not merely stupid, if they have prior intent to COS/AOS.

 

Whether or not that intent can be proved or prosecuted is another matter. 

Edited August 9, 2018 by WeGuyGal

[arken 4,197]

7 minutes ago, WeGuyGal said:

It is illegal (against the terms of their visa), not merely stupid, if they have prior intent to COS/AOS.

 

Whether or not that intent can be proved or prosecuted is another matter. 

Yes, i agree with the stress on IF.  The OP hasn’t mentioned if the person has the prior intent so can’t simply generalize and say it is illegal or stupid.

[WeGuyGal 1,052]

3 hours ago, arken said:

  The OP hasn’t mentioned if the person has the prior intent so can’t simply generalize and say it is illegal or stupid.

Does anyone ever say that our loud.. I'm curious

[Jojo92122 1,924]

3 hours ago, arken said:

Someone using the available and allowed process of COS from B1 to F1 isn’t stupid nor a bad student. Getting approval or denial is a separate thing but going thru the process allowed by the USCIS is never stupid.

Do you think the people that got their COS denied feel the same way?  How often do people fail and get in trouble when trying to change from B-2 to F1? 

Yeah, sometimes it is stupid to go through a process that USCIS allows when there is little chance of success with a high rate of failure and the consequences of a denial are revocation of the B-2, possible overstay, and possible ban.

 

Edited August 9, 2018 by Jojo92122

[SusieQQQ 11,586]

1 hour ago, Jojo92122 said:

Yeah, sometimes it is stupid to go through a process that USCIS allows when there is little chance of success with a high rate of failure and the consequences of a denial are revocation of the B-2, possible overstay, and possible ban.

 

I have to agree with this. Whenever we hear one of these COS’s on here, it’s almost always a sad outcome, partly because the long and unpredictable time it takes combined with the restrictions about when you can actually assume F1status (based on your course start date) seem to make the chances of a successful COS to F1 generally pretty low.