J1 to B2 to F1?

[PPeroni 0]

I'm currently an au pair (J1), and because of Covid my visa is extended until March 2021. I'd like to study in the US (F1). I've started to research schools and the applications.

My preference would be to start school in Fall 2021, because of all the uncertainty with Covid and because trying to get the F1 approval done before Spring 2021 semester may be hard. Would it be possible to change to B2 (Prospective Student?) with I-539 in March when the J1 ends, have that valid for 6 months while I research and apply to schools, and then change to F1 with another I-539 for Fall 2021? Especially without leaving the country?

My aunt lives here so I could stay with her and she could support me during the Tourist Visa.

Thank you!

[SusieQQQ 11,587]

In theory? Yes it’s possible.  In practice, it’s a risky proposition, because i539s take 4-6 months to be processed. Also, it is by no means guaranteed that the B status would be approved, because of what you plan to do with it and the fact that you plan to stay in the US rather than going home after).

This all means (1) if your B application is refused you almost certainly won’t know until after you’ve overstayed, which means there will be an overstay on your record and any future non immigrant visa likely to be refused (2) even if you get the B status, the long and unpredictable timing means a change to F1 is also problematic, because you cannot be on F status longer than a certain time before your course begins (I think it’s a month but stand to be corrected) and won’t be granted after. So the timing issues mean F visa change of statuses are often denied simply on timing factors making applicants  ineligible - also leading to the same overstay issues as mentioned above.
Your plan requires not just one but two consecutive favorable decisions AND the timing of both to work out. It is a much safer proposition for you to return home in the interim, so that (1) you know you will not inadvertently overstay (2) you have control over the timing of the F visa interview and over being able to enter the US in the correct timeframe for F1.

[PPeroni 0]

26 minutes ago, SusieQQQ said:

In theory? Yes it’s possible.  In practice, it’s a risky proposition, because i539s take 4-6 months to be processed. Also, it is by no means guaranteed that the B status would be approved, because of what you plan to do with it and the fact that you plan to stay in the US rather than going home after).

Thank you so much for the thorough reply.

 

A few questions:

-Can you explain more about why the B would be refused? Is there a better way to approach that application?

-After the au pair year ends, there is one travel month. You think this would still be not enough time for a decision on B? What about applying for F1 and ending the J1 (au pair) early to start school spring semester 2021?

[SusieQQQ 11,587]

13 minutes ago, PPeroni said:

Thank you so much for the thorough reply.

 

A few questions:

-Can you explain more about why the B would be refused? Is there a better way to approach that application?

-After the au pair year ends, there is one travel month. You think this would still be not enough time for a decision on B? What about applying for F1 and ending the J1 (au pair) early to start school spring semester 2021?

-If you read the instructions on the i539 form about what you have to submit for a B status request, it will probably answer that question.
- You're missing the point. It’s not about the time they need to make a decision. It’s about the volume of forms they have and the time it takes to get round to processing yours. Like I said, processing time 4-6 months for i539 is normal (possibly a bit longer at the moment due to an increased volume from Covid related applications)

- same issue with getting the timing right for you to be in valid F1 status. You can’t predict when uscis will get round to looking at your i539. At least at an embassy you know what your interview /decision date is.

 

[HRQX 4,145]

4 hours ago, PPeroni said:

-After the au pair year ends, there is one travel month. You think this would still be not enough time for a decision on B?

Not enough time per the COS processing times. Best course of action is leaving the US before overstaying and applying for F1 visa at US embassy or consulate abroad.

[PPeroni 0]

1 hour ago, HRQX said:

Not enough time per the COS processing times. Best course of action is leaving the US before overstaying and applying for F1 visa at US embassy or consulate abroad.

Are you referencing this? https://egov.uscis.gov/processing-times/ What about the Potomac Service Center which says 2-4.5 months for both? Which service center would a form from MN go to?

[SusieQQQ 11,587]

Sometimes the best advice is not the answer you are hoping to hear.

[PPeroni 0]

4 hours ago, SusieQQQ said:

Sometimes the best advice is not the answer you are hoping to hear.

I understand (or think I understand) that your best advice for timing is to apply for F1 status from outside the country.

But can you answer what is the typical processing time for i-539 F1 currently? Ignoring the B2 idea. The UCSIS website shows different times for the different service centers, and I haven't been able to find on this website the "typical" timeline currently.

[SusieQQQ 11,587]

3 minutes ago, PPeroni said:

I understand (or think I understand) that your best advice for timing is to apply for F1 status from outside the country.

But can you answer what is the typical processing time for i-539 F1 currently? Ignoring the B2 idea. The UCSIS website shows different times for the different service centers, and I haven't been able to find on this website the "typical" timeline currently.

The “typical” is under historical processing times, at https://egov.uscis.gov/processing-times/historic-pt , which gives you 5 months for i539. But that is for all i539s.You will have seen on the by-center breakdowns that a couple of them are 6-8 months for student visas specifically. There is just no way to be precise about when they will adjudicate your case And again, even the two month spread in these matters. F status cannot be granted more than 30 days before your course starts. I understand you don’t want to go home, but I don’t think you properly understand the risks in the path you want to take. We have seen a number of refusals reported by people going this route - and the problem is usually you’ve overstayed by the time you find out, and that generally scuppers any future chance of a non immigrant visa. So figure out the risk/reward for yourself.

[carmel34 3,650]

To get an F-1 visa approval, you need to convince the officer that you will go back to your home country after completing your studies.  A B2 visa is also for a temporary stay in the US to visit and be a tourist, then go back to your country of citizenship or residency.  Based on everything you have said, it sounds more like you want to stay in the US and are just looking for ways to do that, without going back.  So all we're saying is the chances for approval, both a B2 and F1, are slim, so have a backup plan ready if one or both are denied, to leave the US and apply from abroad.  Even if you do that, you'll need evidence of strong ties to your home country, that you are likely to return after a temporary stay in the US, for a B2 or F1 or both.  How do you plan on supporting yourself financially, after the J-1 expires, both for the tourist and student visas?  Also, do more research on the costs of tuition and living in the US for foreign students, it is very very expensive.  Good luck!

Edited August 17, 2020 by carmel34

[SusieQQQ 11,587]

1 hour ago, carmel34 said:

so have a backup plan ready if one or both are denied, to leave the US and apply from abroad.

But if OP only finds out about denial after his/her i94 has ended, as is usual, then there is an overstay on his/her record and chances of approval after that become very unlikely.