There are two scenarios where you can switch from B2 to F1 Visa. If you’re still in your native country, then you can plan and apply for a special B-2 prospective student visa instead of the general B2 visitor visa. This will make the transition swifter.
If an alien intends to use a B2 visitor visa to visit schools and subsequently apply for a change of status in the United States, he or she must explain this when applying for a visa at the consulate.
You should be able to change your immigration status without leaving the United States, so long as you have not violated the terms of your F-2 visa, for example by working without authorization or staying beyond the expiration date of your permitted stay.
Depending upon the program you’re applying for, student visas are usually processed faster than USCIS processes your change of status. This is because there are very few verifications required in case of a new F1 visa than the ones involved in the change of status.
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status.
If you are in the United States as a tourist (on a B-2 visitor visa), it is possible to change your status to F-1 student, by submitting a request to U.S. Citizenship and Immigration Services (USCIS). However, getting this request approved is anything but guaranteed.
The Trump administration put in place a policy specifically designed to increase the burden and cost of the B-2 visitor to F-1 student change of status process. Currently, USCIS takes approximately 10-12 months to process an application for change or extension of status, Form I-539.
Under Section 248(a) of the Immigration and Nationality Act, the United States government allows for certain non-immigrant visas to be changed or converted to another type of non-immigrant visa. While the purposes for which each visa type is issued, the US allows for B1/B2 visas to be converted to an F1 visa.
If you want to change your status while in the United States, you (or in some cases your employer) must file a request with the U.S. Citizenship and Immigration Services (USCIS) on the appropriate form before your authorized stay expires.
If you are in the United States on a visitor visa, you can still change to F-1 student status to reflect your new circumstances. If you want to do this, you will already need to have been accepted to study at a U.S. academic institution, and fulfill all the other requirements of the F-1 visa.
To convert L2 to F1 you will need to file a Change of Status (COS) application. This will enable you to remain in the US while awaiting the adjudication of your F1 visa.
The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
5 attorney answers It will be hard to get the student visa but not possible. Schedule a consult with an attorney so you can make sure you prepare the F1 application well. You will have to gather enough evidence to convince the VO that you intend to return to your...
three to six monthsProcessing times for change of status in the US vary, so be prepared to wait three to six months to learn the outcome of your application. To review current processing times and your pending case status, visit the USCIS Case Status Service Online.
No it won't get cancelled in both cases whether you you get F1 or you don't don't , both are non immigrant visas. Infact it's a positive that you already have a B1/B2 and your intent is to honestly apply for F1 form your home country instead disappearing from there only.
You cannot apply for an F-1 or J-1 visa inside the U.S. Visas can only be obtained outside of the U.S. at a U.S. Embassy or Consulate. It is advisable to apply for the visa at a U.S. consulate in your home country, unless circumstances or travel plans make this impossible.
That will depend on the course of study you are interested in. F-1 student visa is for academic students, while M-1 student visa is for vocational students. Examples of vocational study include mechanical studies, technical studies, cooking classes, language programs, flight school, or cosmetology program.
Your B-1 or B-2 status will expire more than 30 days before the start date of the course of study indicated on your Form I-20. For example, if the start date of your course of study is August 25th this year, but your B-1 or B-2 visa is valid only until July 22nd of this year (more than 30 days), you will need to file a second Form I-539 to extend your visa. Check USCIS processing times to ensure that you file for the extension on time, but you should apply at least 45 days in advance.
Check USCIS processing times to ensure that you file for the extension on time, but you should apply at least 45 days in advance. You had to defer the start date of the course of study indicated on your Form I-20 to the following academic term or semester because you did not receive a decision from USCIS on your application for change ...
These courses must not lead to a degree or certification, and must be less than 18 hours per week.
If you enroll in, or begin, a course of study before you change your status, you will violate the terms of your B-1 or B-2 visa and fall out of status. Once you fall out of status, you won’t be eligible for a change in status or an extension of your B-1 or B-visa.
You must make sure that you maintain your B-1 or B-2 status while you are waiting for your application to be approved. You may be required to file a second Form I-539 (along with the requisite fee) to extend the validity of your B-1 or B-2 status in two situations.
Note: If your spouse and dependent children need the same change in status, you can include them on your Form I-539. You will need to submit proof of your legal relationship with them, such as a certificate of marriage and certificates of birth.
Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”).
It is important to remember that an applicant for an F1 or M1 student visa is required to demonstrate that he or she will have the necessary financial support to study in the United States. In the precedent decision in the Matter of Haddad, 10 I&N Dec. 785 (RC 1964) [ PDF version ], a change of status from B visitor to F1 student was denied, in part because the applicant failed to demonstrate that he would have the requisite financial support to engage in a full course of study. A B1 or B2 visitor seeking a change to F1 or M1 status should be aware that additional evidence will likely be needed to demonstrate having the requisite financial resources to be eligible for a student visa.
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article ]. The 30/60 day rule is an adjudicative principle used by the Department of State, and often referenced by the USCIS [see article on USCIS and the rule] which addresses when an alien “conduct [s] [him or herself] in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for admission.” Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”). If the B visitor obtained a school certificate prior to entry, this will be considered evidence of “preconceived student intent.”
8 C.F.R. 214.2 (f) (5) (i) states that an F1 student “may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20.” USCIS interprets this in conjunction with 8 C.F.R. 248.1 to mean that an alien may not change status from B2 to F1 if his or her B2 status does not expire for more than 30 days before F1 status would begin. For this reason, a B vistor whose status is scheduled to expire prior to 30 days before his or her intended program start date must file a separate Form I-539 extension of status application along with a separate filing fee in order to maintain B status until the change to student status could be completed. Please see our full article on the subject to learn more [ see article ].
The change of status application is filed on the Form I-539 . The B1 or B2 visitor must not have engaged in unauthorized employment prior to the change of status application.
In 2011, the United States District Court for the District of Maryland called the USCIS's position that the change of status application could not be approved after the expiration of B visitor status in Youssefi, v. Renaud, 794 F.Supp.2d 585 (D. Md. 2011) [ PDF version ]. However, no Federal circuit courts have adopted this view in a published decision.
Individuals who are prohibited from enrolling in class must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in a status that does not permit enrolling in a class will result in a status violation. Individuals who have violated their nonimmigrant status by enrolling in a course ...
Until you receive notice of approval from USCIS, do not assume the requested status has been approved. Before USCIS may approve your application, you must take the following steps: 1 Apply to and receive acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. 2 Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20. 3 Pay the I-901 SEVIS Fee. 4 File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the designated school official (DSO) at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you may need to defer attendance and wait until the following term in order to begin your studies at the school in F or M status.
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you will need to defer attendance and wait until the following term in order to begin your studies at ...
Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20.
Note that because of processing times, your F-1 or M-1 program start date may be deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date.
your nonimmigrant status remains valid; you have not violated the conditions of your status; and. you have not committed any crimes or engaged in any other actions that would make you ineligible for change of status. Until you receive notice of approval from USCIS, do not assume the requested status has been approved.
If you've accompanied someone on a student visa to the U.S. and have been offered employment, you can apply for H-1B status and a visa.
You should be able to change your immigration status without leaving the United States, so long as you have not violated the terms of your F-2 visa, for example by working without authorization or staying beyond the expiration date of your permitted stay.
The first step in the process of applying for H-1B status doesn't involve you at all. Your employer will need to file the LCA, which DOL will endorse. Next, your employer must file a petition on USCIS Form I-129. Because you're presumably already in the U.S.