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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Change of Status B1 to F1, Got an Early I-20, Can I Apply Later

    Hi,

    I applied for a master of Architecture program in US in Fall 2009 and got the admission in Feb 2010. However, I was not sure if I was going to accept the offer since I did not like the school that much. In April 19th I got a three-month B1 visa for a conference related to our family business (Milling industry) , totally unrelated to my academic field of study (Architecture). When the conference ended after a couple of days of my arrival, I visited the school and actually liked it. So I made a deposit and asked for an I20 and it was about two weeks after my arrival to US. Now, I have my I20 in hand but I was told that I better not apply for a change of status now since it is too early and USCIS my consider it a misrepresentation of my intention to come to US while applying for B1 visa.
    Here is the question: Does the issuance of I20 mean that some kind of documents has already been send to USCIS by the school? If this is true does it mean that USCIS already knows about my intention to attend school even if I apply for a change of status later (probably after 60 days of my arrival)?

    If this is not true, Can I simply ask the school to give me another I20 later when I am going to apply for a change of status?

    Sorry for the long explanation. I just didn't want to ask vague questions. Thanks a lot in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Change of Status B1 to F1, Got an Early I20 Can I Apply Later

    I cannot tell you what the school may or may not have done in relation to the USCIS, but there's no reason to believe they've filed the I-20 with the USCIS.

    The biggest deal for misrepresenting your intentions is when you claim to be entering as a nonimmigrant and then, shortly afterward, manifest your actual intent to become an immigrant. e.g., entering on a tourist visa, promptly marrying, then petitioning to adjust your status. Going from a V1 visa to a F1 visa is much less of a concern, as both are nonimmigrant visas.

    If you leave the country and apply for the F1 visa from your home country, you would need the new I-20 because you would be enrolling in the academic program at a later date?

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Change of Status B1 to F1, Got an Early I20 Can I Apply Later

    I am not sure about that but I think they suppose to change the I20 because there is a section on it that should be marked change of status or visa. I think I better go out of US and apply for an F1 visa to prove that I honestly did not have an initial intention to go to school then.

  4. #4
    Join Date
    Jul 2010
    Location
    us
    Posts
    2

    Default Re: Change of Status B1 to F1, Got an Early I20 Can I Apply Later

    hiii, my situation is somewhat like pooya, I enter the US for a scientific conference, in Jan 2010, they gave permission for 3 months at POE, I extend my visa for 6 months ( my new I-94 will expire in October), then I decided to continue my study here, I take I-20 for ms in biology without fund ( I am General Practitioner), I have been here for about 6 months and I am going to change my status to F1 I want to know the rate of success in my case? and what can I do to strengthen my case? thank you

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Change of Status B1 to F1, Got an Early I-20, Can I Apply Later

    Currently the expectation is that you would have stated your intent to COS to F-1 status at entry after using a B-2 to enter and visit schools. Even if a COS were to be granted, it would not likely be processed in time for you to begin fall classes in a month, and you cannot study on B-1/B-2 visa status.

    You should return home and apply properly for a F-1 visa stamping. If you have proper funding, university documents, and can demonstrate your intention to return to your home country to the satisfaction of the interviewing officer, you will receive a visa. Your extension of stay may work to your disadvantage.

  6. #6
    Join Date
    Jul 2010
    Location
    us
    Posts
    2

    Default Re: Change of Status B1 to F1, Got an Early I-20, Can I Apply Later

    Thank you, I have another question. I have heard that "the request for COS from B1 to F1should be recieved by USCIS during the period of 30 days before the program start date on the I-20 to no later than 30 days after the start date( http://www.columbia.edu/cu/isso/visa/F-1/change_of_status_to_F-1.html)", so obviously I can not apply sooner than 30 days before the start date, considering the time is required for USCIS to process my request, if they accpet that after the joining date, then what would I do?

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