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Question About US Visa Extension Status Online

Jenny asks…

Change of status from B2 to F1 in US?

I have consulted my lawyer that it’s possible for me to COS in US, but recently I found online there is a guidance to state that applicant must maintain their current legal non-immigration status at least 30 days prior to the start-date on the Form i-20, is really true? Or this is only apply to student visa F1 but not change of status student?

My situation is I am getting my B2 Visa to entry to US in Aug 2009 and i-94 will be expired in Feb 2010. Now I am going to file my COS to USCIS and already got my i-20 from school for the admission in coming summer term (May 2010).

If the above guidance is really true, that means I am not qualified for COS? Because my i-94 will be expired in Feb but the school start date is May 2010?

Can anyone help me to find is there a law or rule really mention I need to keep my current status 30 days prior to the program start date, otherwise change of status will probably get denied??? I am urgently need this information!

Thanks!

Best Answer:

Yes it is true.
Ask yourself why you so desperately need to stay in the US for the months of February to April. If the school starts May 1, you can enter the US 30 days in advance.
It is much easier and a lot less headache to do it the proper way.
Go back to your home country, apply for the F-1 and come back 30 days before the school starts.

If you want to stay in the US you first need to apply for B-2 extension, which could be denied, then you need to apply for adjustment of status, which can also be denied, and if the AOS is granted, it still might not be in time for the summer term. Also, when you entered the US on your B-2, you should have stated that you were a “prospective student”, if you did not do that, your application for AOS will have a diminished chance of being granted. If you entered on a B-2 “prospective student” visa stamp and this is noted on your
visa stamp or on your I-94 card, the change of status will most likely be granted. However, both the application for B-2 extension, and the following F-1 adjustment might take months to process.

Posted From Yahoo! Answers (for informational purposes only)

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