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switch my B1/B2 visa to student visa

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  • switch my B1/B2 visa to student visa

    hi everyone !

    my friend in USA on B1/B2 visa entered USA on oct 1st 2011 , and his visa valid till 2015 ! Now he decided to study here and change his visa to student ?

    HE suppose to extend his stay last week but he didnt do it . so the six months are already up ! you think they will be any issue with that ?

    thank you for your help !

  • #2
    They are very restrictive with changes of status from B1/B2 to F1, and changing to F1 status (or any other nonimmigrant status) is not allowed unless the change of status was filed before the previous status expired. His B1/B2 status has expired and the visa is invalidated due to the overstay, so he is not eligible for a change of status. He must leave the US and apply at a consulate for the F1 visa.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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    • #3
      Originally posted by Jackolantern View Post
      They are very restrictive with changes of status from B1/B2 to F1, and changing to F1 status (or any other nonimmigrant status) is not allowed unless the change of status was filed before the previous status expired. His B1/B2 status has expired and the visa is invalidated due to the overstay, so he is not eligible for a change of status. He must leave the US and apply at a consulate for the F1 visa.


      thank you jackolantern for you INFO !

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      • #4
        Your friend is just collecting out-of-status time everyday..

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        • #5
          Yes. He is already an overstayer now. He needs to depart the US as soon as he can. Ideally before he accrus 180 days of overstay!!!

          Originally posted by petra1234 View Post
          you think they will be any issue with that ?
          Regards,
          S K Ghori
          skg@vex.net
          http://www.vex.net/~skg/

          **NOTE**
          I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

          **DISCLAIMER**
          I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

          Comment


          • #6
            Just an observation. This thread's topic says "Switch my B1/B2....", though the first post starts off with "my friend in USA...."?
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment

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