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Rajiv's Blog

Visa after B-1 to F-1 conversion

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3 Comments
by
Rajiv S. Khanna
, 23rd June 2009 at 06:11 AM (1827 Views)
      
Here is a question from a community member:

Hi Rajiv

You are my last resort. Here is my case.

I entered the US on a B1/B2 visa in febuary 2007, and then changed my status to F1 in May 2007. I enrolled into a 1 year certificate diploma program and started attending school in June 2007. I completed the program and in Fall 2008, I transfered and enrolled into a Master's program at a prestigious university. I have completed 1 year of study and I am half way through the program. I am intending to visit my home country this summer. I would like to know the procedure to obtain the F1 visa stamping. I wish to travel and come back while I am a student. I have obtained my SSN and my Driver's License as well. I have also signed a lease for my apt for the next 1 year. I have always maintained legal status till date. I have working on campus for the last 6 months. I would like to know about the chances of getting my visa stamped before coming back to continue my studies. I am very confused listening to people and I really need some good advice. Its been close to 3 years now and I
really wish i can get to see my family back home. I will really appreciate any advices and help. I dont know what kind of questions will be asked in the interview. Also the probability or obtaining the visa stamp. Please tell me what is the best way to approach this and the best thing that I can do.
If you think there is a way out for me, and it is possible for me to travel and get back to the US to continue my studies, I wouldn;t mind visiting you at your office.
Thank you very much!!
Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.

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Categories
Non-Immigrant issues , F , B

Comments

    Rajiv,

    My brother came here on B2 and got his I 20 within 2 months 53 days to be exact and filed for his COS after 2 months..and he got denied with preconceived intent. This was his first time visiting and US and when he came here he had no intention for studying, yet USCIS thinks that he had. I will greatly appreciate it if you can tell me how you fight this thing? We are thinking of filing MTR so that he is in continuosu legal status and we should be filing it in this Friday. I will appreciate your 2 cents.

    Thanks
    [Due to the current situation where a Green Card will not be filed through my employer, I have exhausted my option, and have decided to go back to school. I was accepted into a Masters Program at University of Chicago. I however have the below questions:

    Is it accurate that I will not be eligible for OPT because this will be my second Masters degree, and I used my OPT after my 1st Masters degree?
    I will begin school in Sept 2010 and will transfer back to F1 Visa status. My current H1 B visa expires Sept 2011; will I be able to transfer back to H1 status, using the balance the 1yr balance left on my H1? If yes, is this process of transferring from F1 to H1 a short one, seeing that I can bypass the CAP?
    If the answer to the first part of the previous question is yes, will that new employer be able to start the greencard process within that year that I would have left on my H1 B?
    Thanks
    Edit Report
    Due to the current situation where a Green Card will not be filed through my employer, I have exhausted my option, and have decided to go back to school. I was accepted into a Masters Program at University of Chicago. I however have the below questions:

    Is it accurate that I will not be eligible for OPT because this will be my second Masters degree, and I used my OPT after my 1st Masters degree?
    I will begin school in Sept 2010 and will transfer back to F1 Visa status. My current H1 B visa expires Sept 2011; will I be able to transfer back to H1 status, using the balance the 1yr balance left on my H1? If yes, is this process of transferring from F1 to H1 a short one, seeing that I can bypass the CAP?
    If the answer to the first part of the previous question is yes, will that new employer be able to start the greencard process within that year that I would have left on my H1 B?
    Thanks
    Edit Report
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