changing B1/B2 status

[darrygold]

I was allowed to stay for 3 mos and I applied for extension. the extension was approved but not on the date i requested. they mailed the letter 1week after my approved date and I received it 11 days late. in short I'm overstaying for 11 days already without my knowledge. I was thinking of applying for a student visa before I got the letter and also thinking of signing the EB2 contract offered to me. Am I qualified to change into either these visa categories? can anybody advise me on the best thing to do? thanks.

 

[GotPR?]

I don't understand the timeline. you received a letter 1 week after approval date. How could it be considered overstaying ?

If I remember correctly, you need to declare your intent to change to F1 status when you enter the US with B visa. This rule was implemented a few years ago, but I don't know if it's still there.

 

[darrygold]

I sent my extension application last june and requested to stay until the end of dec but only given until the first week of dec. they mailed it dec15, 1 week after my supposed to be last legal day of stay here and received just received it today... I got a friend with B1/B2 status and applied to change to F1 and got approved without indicating she would apply for it when she arrived here. thanks for the reply.

 

[TheRealCanadian]

I got a friend with B1/B2 status and applied to change to F1 and got approved without indicating she would apply for it when she arrived here.

You shouldn't assume that what happens to anonymous "friends" will happen to you. If the I-94 is not annotated with the intent to study it's likely that USCIS will not approve the change of status and require you to leave the US and seek a visa stamp in your home country.