B2 to F1 vs F2A

Jose1991

New Member
Hello,

Applicant came in with Tourist visa, applied for extension (I539), its been 4 months and still pending. ( total 10 months in US now)

Is it possible to apply for F1 since got new admission and hopefully get approval if not RFE and then address it ?

Is it possible to apply for F2A since got married with an LPR ? Considering current based on filing date.

Or regardless, Initial I539 should be approved to have a valid status before getting approved for any other benefit?


Thank you so much!
 
Hello,

Applicant came in with Tourist visa, applied for extension (I539), its been 4 months and still pending. ( total 10 months in US now)

Is it possible to apply for F1 since got new admission and hopefully get approval if not RFE and then address it ?

Is it possible to apply for F2A since got married with an LPR ? Considering current based on filing date.

Or regardless, Initial I539 should be approved to have a valid status before getting approved for any other benefit?


Thank you so much!

Hello,

Applicant came in with Tourist visa, applied for extension (I539), its been 4 months and still pending. ( total 10 months in US now)

Is it possible to apply for F1 since got new admission and hopefully get approval if not RFE and then address it ?

Is it possible to apply for F2A since got married with an LPR ? Considering current based on filing date.

Or regardless, Initial I539 should be approved to have a valid status before getting approved for any other benefit?


Thank you so much!
@Sm1smom
Hello,

Applicant came in with Tourist visa, applied for extension (I539), its been 4 months and still pending. ( total 10 months in US now)

Is it possible to apply for F1 since got new admission and hopefully get approval if not RFE and then address it ?

Is it possible to apply for F2A since got married with an LPR ? Considering current based on filing date.

Or regardless, Initial I539 should be approved to have a valid status before getting approved for any other benefit?


Thank you so much!

Any input from you would be highly appreciated. Pretty please! Thank you @Sm1smom
 
You already answered your own question with the statement: “Or regardless, Initial I539 should be approved to have a valid status before getting approved for any other benefit”.

Also Susie provided you with an applicable response a while back to a similar question in this post
 
Thank you @Sm1smom lawyer stated that while pending I539 (B2) extension, can apply for another one from B to F. If approved, even if the first application (tourist visa extension) get denied. You should be fine. Since you were on authorized stay till F gets approved.


What do you think ? Thank you so much!
 
Lawyer told you that?? or ChatGPT (which you admitted to on another thread)?

You’re not in an “authorized stay” while your EOS or COS application(s) is/are pending. Your authorized stay ended when your I-94 expired. You’re simply not accruing an illegal presence while the EOS or COS is pending, it is not the same as being in an authorized status.

How do you apply for a COS from B1/B2 to F1 when the B1/B2 status already expired? Feel free ignore what you’ve already been told in this forum and go with what your lawyer told you. You’ll eventually find out one way or the other anyways.
 
I am not referring to my previous post which was for AOS based on lottory. This is a different scenario for a friend.

This is an exapmle that you can file while pending B2 extension is pending. I am here to clarify not argue. Again thank you for your input. Truly appreciate it.

“an applicant named X entered the U.S. in B-2 status on February 1, 2016. Unfortunately, she was only admitted for ten days due to circumstances that were not known to her. However, she already had traveling plans in the U.S. for the next five months, with all the hotels and planes booked for that entire time, so she filed an application for B-2 extension. While her B-2 extension was pending, Jane traveled to different states and explored possibilities of studying in the U.S. While her B-2 extension application was still pending, she filed an application to change status (COS) to F-1 student. She then received a Request for Evidence (RFE) in connection with the B-2 extension application, questioning her tourist intent at the time of entry and the circumstances surrounding her application for F-1 change of status. She responded to the RFE. It was then July 2017 and both Jane's B-2 extension application and F-1 COS were still pending. Since filing for a F-1 COS, however, the school program's start date was deferred. Following USCIS's new guidance, Jane then filed another B-2 extension request to bridge any gap in time before the new program's start date. While her B-2 remained pending, Jane then received a RFE in connection with the F-1 COS, asking her to provide evidence of maintaining status or asking for proof of another B-2 extension filed to bridge the gap before the deferred school start date. This meant that USCIS B-2 and F-1 adjudications are completely separated and USCIS is not able to see that another B-2 extension was filed unless an F-1 RFE is issued. After responding to the RFE, Jane received an approval for the second B-2 extension. A week later, she received the first B-2 extension and the F-1 COS was approved on the same date”.
 
You’re not in an “authorized stay” while your EOS or COS application(s) is/are pending. Your authorized stay ended when your I-94 expired. You’re simply not accruing an illegal presence while the EOS or COS is pending, it is not the same as being in an authorized status.
"Authorized stay" just means "not accruing unlawful presence". It doesn't mean having "status". So they are indeed in "authorized stay" while a timely-filed, non-frivolous EOS/COS is pending.

How do you apply for a COS from B1/B2 to F1 when the B1/B2 status already expired?
The COS would be predicated on the approval of the earlier EOS. If the EOS is approved for a period covering the date the EOS was filed, then the COS would be considered to have been filed while in status. If the EOS is denied, then the COS is also denied.
 
Thank you @newacct

So technically, if there is no update on EOS within 6 months from the last allowed day of stay on I90 form, he could potentially apply for another COS to F since at the time of filing he was still legally in US. Correct ?
 
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