Jump to content
Damian7893

B1/B2 to F1 Change of Status

 Share

17 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Nigeria
Timeline

Hi, my name is Damian and i’m currently in the US on a B2 status.
I have always been true to the purpose of obtaining my Visa from the Consulate as the Visa was approved solely for the purpose of TAKING A SCHOOL ADMISSION QUALIFYING EXAMINATION and ACADEMIC TOURISM. 

I notified the CBP officer of my intention to take the Admission qualifying Exams at the POE.
Unfortunately, my Visa was not annotated “Prospective Student”. 
I have gained admission into a SEVIS school and I wish to change my Status from B2 to F1. 
 Do I qualify to change my status? Does the preconceived intent rule affect me?

Edited by Damian7893
Link to comment
Share on other sites

Preconceived intent should not be an issue here as you are switching from 1 NIV to another.

The bigger issue is doing COS to F-1. The timing for this is very limited...I'll defer to others for specifics but I think the practical window for anything this year has long passed (and your B-2 won't last until the next semester).

In nearly every case, returning home to do the F-1 visa path makes more sense.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
4 minutes ago, geowrian said:

Preconceived intent should not be an issue here as you are switching from 1 NIV to another.

The bigger issue is doing COS to F-1. The timing for this is very limited...I'll defer to others for specifics but I think the practical window for anything this year has long passed (and your B-2 won't last until the next semester).

In nearly every case, returning home to do the F-1 visa path makes more sense.

Thanks for the response. I read on the uscis website that we can still submit a COS application and the timeline depends on the service center.

Link to comment
Share on other sites

6 minutes ago, Damian7893 said:

Thanks for the response. I read on the uscis website that we can still submit a COS application and the timeline depends on the service center.

Yes, you can submit a COS application. Timelines do depend on SC.

That said, the practicalities make doing COS from B to F-1 a dangerous path. I've seen more people get themselves into trouble by doing so than having success....usually due to the strict timelines and a very unknown COS processing timeline (often 6+ months...probably longer now).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
3 minutes ago, geowrian said:

Yes, you can submit a COS application. Timelines do depending on SC.

That said, the practicalities make doing COS from B to F-1 a dangerous path. I've seen more people get themselves into trouble by doing so than having success....usually due to the strict timelines and a very unknown COS processing timeline (often 6+ months...probably longer now).

I checked the timeline for the SC closest to me. It’s between 6-8 months.  I intend to also file an extension of status simultaneously to bridge the timeline gap because I have to be in status while the COS is pending.

 Do you think i will encounter other problems?

Edited by Damian7893
Link to comment
Share on other sites

6 minutes ago, Damian7893 said:

I checked the timeline for the SC closest to me. It’s between 6-8 months.  I intend to also file an extension of status simultaneously to bridge the timeline gap because I have to be in status while the COS is pending.

 Do you think i will encounter other problems?

There is no way to know which SC you will get assigned. It is not based on location...it gets assigned based on internal rules to USCIS.

 

I'll move this thread to the student visa forum for greater exposure by people that can likely fill you in more with the details. The issue is more about that than the tourist visa (as noted, intent won't be an issue here in terms of COS).

There is one member in particular that is like a guru, although I can't seem to tag them right now. Hopefully they can chime in.

 

Maybe I can tag @SusieQQQ for input? They have a lot of info on student visas IIRC...

 

* Moved from Tourist Visas to Student & Exchange Visas *

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
8 minutes ago, geowrian said:

There is no way to know which SC you will get assigned. It is not based on location...it gets assigned based on internal rules to USCIS.

 

I'll move this thread to the student visa forum for greater exposure by people that can likely fill you in more with the details. The issue is more about that than the tourist visa (as noted, intent won't be an issue here in terms of COS).

There is one member in particular that is like a guru, although I can't seem to tag them right now. Hopefully they can chime in.

 

Maybe I can tag @SusieQQQ for input? They have a lot of info on student visas IIRC...

 

* Moved from Tourist Visas to Student & Exchange Visas *

THANK YOU VERY MUCH SIR

Link to comment
Share on other sites

Ok so there are a number of issues here. “Preconceived intent” - how long ago did you enter the US? When did you apply to the school? When are you supposed to start at your school? I’m going to disagree with geowrian here and say that intent is an issue, because “change of nonimmigrant status” is indeed one of the “immigration benefits” listed that falls under the misrepresentation guidelines (as is extension of stay request, by the way). (See Section B part 3 https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 )

 

I don’t believe you can file both an EOS and COS at the same time. In any case filing an EOS for B2 requires you to explain how you will leave the US after the extension so using it as a bridge to F1 doesn’t seem likely to work. The problem with changing status to F1 is it requires aligning of factors: you cannot be in F1 status more than a certain period (I think it’s a month) before your studies begin, but the processing times for COS are long and variable so getting this timing right is extremely difficult. If the decision goes much past the start date of the course, there are problems too. We have seen as a result, that many people who try to do this are denied simply for timing. Now, here flows the crux of your problem: because of the time it takes to process COS, you will very likely be past your i94 authorized stay by the time it is adjudicated. If it is denied, your existing visa gets immediately cancelled and you cannot apply for another outside the country of nationality of your passport. Getting another NIV after that has happened could be quite difficult. 
 

I also need to clear up a misconception here:

49 minutes ago, Damian7893 said:

to bridge the timeline gap because I have to be in status while the COS is pending.

After your i94 has expired, you are out of status. A pending EOS or COS, properly and non-frivolously filed, means you are not accruing unlawful presence, but you are out of status. It is only if that EOS or COS is approved that you retroactively get put back into status. This also means that after a denial, apart from having to immediately leave (no grace period) and getting your existing visa cancelled, you will also have to answer “yes” to the question of whether you ever overstayed a visa on future applications.

 

so you can see that the route you are contemplating is fraught with potential pitfalls. 

 

So here is the logical thing for you to do: go back home, apply for a F1, and then return within the validity of the F1 to start your studies. That way you know you have the timing right and don’t risk visa cancellations etc. Plus, it will also end up being much faster than waiting for an i539 to be adjudicated, even with the current closure of routine visa services. You obviously already have a ticket home so it’s just the ticket back to the US, which can’t possibly be more than the cost of staying in the US for however long you are currently planning. 

Edited by SusieQQQ
Link to comment
Share on other sites

Thanks for posting the detailed info!

 

4 minutes ago, SusieQQQ said:

I’m going to disagree with geowrian here and say that intent is an issue, because “change to another nonimmigrant status” is indeed one of the “immigration benefits” listed that falls under the misrepresentation guidelines. (See Section B part 3 https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 )

Agree to disagree on this item. 👍 That's fair. I have not seen any actual issue with this type of COS so long as no misrepresentation was made at POE.

Edit: And I think we agree that the F-1 visa path is much preferred due to risks involved.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

8 minutes ago, geowrian said:

Thanks for posting the detailed info!

 

Agree to disagree on this item. 👍 That's fair. I have not seen any actual issue with this type of COS so long as no misrepresentation was made at POE.

Edit: And I think we agree that the F-1 visa path is much preferred due to risks involved.

Well - that was why I asked about timing. Although uscis notes that they are not bound by the 90 day rule, they also indicate they use it as a factor in deciding.  Fact remains it is listed in the manual as one of the benefits that can be found to have been misrepresented. And only OP  knows what was asked and answered at PoE, vs what was subsequently done. The manual also specifically notes that the burden of proof is on the applicant, not the government. 

Edited by SusieQQQ
Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
22 minutes ago, SusieQQQ said:

Ok so there are a number of issues here. “Preconceived intent” - how long ago did you enter the US? When did you apply to the school? When are you supposed to start at your school? I’m going to disagree with geowrian here and say that intent is an issue, because “change of nonimmigrant status” is indeed one of the “immigration benefits” listed that falls under the misrepresentation guidelines (as is extension of stay request, by the way). (See Section B part 3 https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 )

 

I don’t believe you can file both an EOS and COS at the same time. In any case filing an EOS for B2 requires you to explain how you will leave the US after the extension so using it as a bridge to F1 doesn’t seem likely to work. The problem with changing status to F1 is it requires aligning of factors: you cannot be in F1 status more than a certain period (I think it’s a month) before your studies begin, but the processing times for COS are long and variable so getting this timing right is extremely difficult. If the decision goes much past the start date of the course, there are problems too. We have seen as a result, that many people who try to do this are denied simply for timing. Now, here flows the crux of your problem: because of the time it takes to process COS, you will very likely be past your i94 authorized stay by the time it is adjudicated. If it is denied, your existing visa gets immediately cancelled and you cannot apply for another outside the country of nationality of your passport. Getting another NIV after that has happened could be quite difficult. 
 

I also need to clear up a misconception here:

After your i94 has expired, you are out of status. A pending EOS or COS, properly and non-frivolously filed, means you are not accruing unlawful presence, but you are out of status. It is only if that EOS or COS is approved that you retroactively get put back into status. This also means that after a denial, apart from having to immediately leave (no grace period) and getting your existing visa cancelled, you will also have to answer “yes” to the question of whether you ever overstayed a visa on future applications.

 

so you can see that the route you are contemplating is fraught with potential pitfalls. 

 

So here is the logical thing for you to do: go back home, apply for a F1, and then return within the validity of the F1 to start your studies. That way you know you have the timing right and don’t risk visa cancellations etc. Plus, it will also end up being much faster than waiting for an i539 to be adjudicated, even with the current closure of routine visa services. You obviously already have a ticket home so it’s just the ticket back to the US, which can’t possibly be more than the cost of staying in the US for however long you are currently planning. 

Thanks Sir for the comprehensive explanation.

1. I have been in the US since February.

2. I applied last month (April)thats more than  62 days after arrival.The exam was taken in March. hence I contacted the school after 62 days of arrival 

3. My school is start in early September.

4.Can you give  more explanation on this timing? I heard F1 status can’t be granted more than 30 days before the program start date.

Edited by Damian7893
Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
10 minutes ago, SusieQQQ said:

Well - that was why I asked about timing. Although uscis notes that they are not bound by the 90 day rule, they also indicate they use it as a factor in deciding.  Fact remains it is listed in the manual as one of the benefits that can be found to have been misrepresented. And only OP  knows what was asked and answered at PoE, vs what was subsequently done. The manual also specifically notes that the burden of proof is on the applicant, not the government. 

At the POE, I categorically mentioned i was going to take an exam that will qualify me for Admission. My visa was approved for that purpose too. I never misrepresented my intent

Link to comment
Share on other sites

14 minutes ago, Damian7893 said:

At the POE, I categorically mentioned i was going to take an exam that will qualify me for Admission. My visa was approved for that purpose too. I never misrepresented my intent

There is a difference between taking an exam that ”qualifies for you for admission” (if that is the way you stated it), and actually applying for admission. Did you say that if you passed the exam you planned on applying and trying to change status? 


The fact that you highlighted “62 days” a couple of times interests me. It sounds like you were following the old 30/60/90 days rule. Now, it’s just 90 days, though. (That is described in the link to the USCIS manual I posted earlier.) Obviously, 90 days has not yet passed.
 

18 minutes ago, Damian7893 said:

Can you give  more explanation on this timing? I heard F1 status can’t be granted more than 30 days before the program start date.

Yeah, that was part of the point of highlighting why it could be a problem. If you happen to have fast adjudication and it’s too soon to be in F1, they’ll deny you. If it takes too long and goes too far past your start date you could have problems actually registering. Then you can’t meet the requirements of your F1 status.

 

What are you planning to do in the US until September? You obviously can’t work.

Link to comment
Share on other sites

Filed: F-2A Visa Country: Nepal
Timeline

Approval depends on other factors as well but my few points in terms of legality and hurdles:

Let’s say your class/semester official start date is Sep 10.

1. Your F1 COS will be denied if the officer reviewing at the time sees your B2 status is expiring more than 30 days before Sep 10. 
F1 COS if approved before 30 days of Sep 10 will be effective from 30 days before Sep 10 that’s why you need to maintain status at least up to within 30 days of Sep 10.

 

2. If your B2 status is expiring more than 30 days before Sep 10, you need to file for B2 extension well in advance so that the officer reviewing your F1 COS sees your pending B2 extension.

 

3. If an officer reviews your COS file after Sep 10, your COS will be denied. Only if your school updates your SEVIS with the deferred start date which could be for the same semester or another semester starting in Jan, then your COS will be processed accordingly. So make sure they do that if you do not hear any update from USCIS by end of August.
 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Nigeria
Timeline
59 minutes ago, arken said:

Approval depends on other factors as well but my few points in terms of legality and hurdles:

Let’s say your class/semester official start date is Sep 10.

1. Your F1 COS will be denied if the officer reviewing at the time sees your B2 status is expiring more than 30 days before Sep 10. 
F1 COS if approved before 30 days of Sep 10 will be effective from 30 days before Sep 10 that’s why you need to maintain status at least up to within 30 days of Sep 10.

 

2. If your B2 status is expiring more than 30 days before Sep 10, you need to file for B2 extension well in advance so that the officer reviewing your F1 COS sees your pending B2 extension.

 

3. If an officer reviews your COS file after Sep 10, your COS will be denied. Only if your school updates your SEVIS with the deferred start date which could be for the same semester or another semester starting in Jan, then your COS will be processed accordingly. So make sure they do that if you do not hear any update from USCIS by end of August.
 

 

Thanks for the reply. The exact reason I said I was going to file for an extension of status is  to keep me in status pending when the COS is approved.  From what i can infer from your reply, an approval can be gotten prior to 30days of the Start date. But it won’t be effective and i will remain in B2 status till 30 days before the program start date where with will be activated. Right?

Also if I don’t hear from uscis after the program start date, i should contact my school to update the Sevis start to a new date right?

Edited by Damian7893
Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...