F1 Student Change of Status

How can I change my status from B1/B2 to F1?

Changing your status from a B1/B2 tourist visa to an F1 student visa while you are in the United States is possible, but it involves a specific process and certain requirements. Here’s a general outline of the steps you need to follow:

  1. Apply and Get Accepted to a U.S. School: Apply to and be accepted by a U.S. school that is authorized to issue the Form I-20 for F1 students. You must be admitted as a full-time student.
  2. Receive Form I-20: Once you are accepted, the school’s Designated School Official (DSO) will issue you a Form I-20, the Certificate of Eligibility for Nonimmigrant Student Status.
  3. Prepare Required Documents:
    • Complete the Form I-539, Application to Extend/Change Nonimmigrant Status, available on the U.S. Citizenship and Immigration Services (USCIS) website.
    • Gather supporting documents, which may include your Form I-20, financial documentation showing your ability to support yourself financially, a personal statement explaining your intent to study, and any other documents required by USCIS.
  4. Pay the Application Fee: Pay the required filing fee for the Form I-539. Check the USCIS website for the current fee amount and payment methods.
  5. Submit the Application: Mail the completed Form I-539, along with all supporting documents and the application fee, to the appropriate USCIS address. 
  6. Wait for USCIS Decision: This process can take several months. While your application is pending, you must maintain your B1/B2 status by refraining from enrolling in classes or engaging in unauthorized employment.
  7. Attend a Biometrics Appointment: USCIS may require you to attend a biometrics appointment where they will collect your fingerprints, photograph, and signature.
  8. Receive USCIS Decision: Once USCIS makes a decision on your application, you will receive a notice by mail. If your change of status is approved, you will receive a new I-94 card reflecting your F1 status.
  9. Enroll in School: After receiving approval, you can enroll in your chosen U.S. school and begin your studies as an F1 student.
  10. Maintain F1 Status: After changing your status to F1, it’s crucial to maintain your F1 status by attending classes, complying with the terms of your visa, and keeping your documents up to date.

Please note that changing your status from B1/B2 to F1 within the United States can be a complex process, and USCIS may have specific requirements or additional documentation requests. 

F1 Student Change of Status - FAQ

(1) Can I apply for an F1 Change of Status if my B1/B2 visa has already expired?

Yes, as long as your I-94 is still valid.

(2) Can I apply for a Change of Status if my B1/B2 I-94 has already expired?

USCIS may accept your F1 Change of Status application even if your I-94 has expired. However, you need to file an extension of B1/B2 nunc pro tunc and F1 Change of Status Application at the same time.

(3) My I-94 will expire 30 days before the school start date. Do I have to file an extension of my B1/B2?

Yes. However, if your I-94 will expire less than 30 days before the school start date, you do not need to file an extension.

(4) Can I start classes while my Change of Status application is pending?

No. It will be a violation of immigration law for you to start classes while your Change of Status application is pending. You should wait until your Change of Status is approved before beginning your studies as an F1 student.

(5) Do I need to maintain my B1/B2 status while the F1 Change of Status application is pending?

No. On 07/20/2021, USCIS published an accountment, which states, “Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’”.

(6) What happens if my Change of Status application is denied?

If your F1Change of Status application is denied within 180 days after your I-94 expires, you need to leave the United States and apply for an F1 visa at a U.S. embassy or consulate in your home country.

F1 Student School Transfer

Transferring schools while on an F1 visa status in the United States is possible, but it must be done in compliance with U.S. immigration regulations. Here’s a step-by-step guide on how to transfer schools on F1 status:

  1. Receive Admission to the New School:
    • First, you need to apply and get accepted by the new U.S. school where you want to transfer.
  2. Notify Your Current School’s Designated School Official (DSO):
    • Inform the DSO (Designated School Official) at your current school of your intention to transfer. You should provide them with a copy of your acceptance letter from the new school.
  3. Request a SEVIS Record Transfer:
    • Ask your current DSO to initiate a SEVIS (Student and Exchange Visitor Information System) record transfer to the new school. This is done through the Student and Exchange Visitor Program (SEVP) in SEVIS.
  4. Complete the Required Forms:
    • Work with your new school’s DSO to complete any necessary forms or paperwork for the transfer. This may include the Transfer-In Form (often referred to as the “Transfer Release Date” request) provided by your new school.
  5. Maintain Status:
    • Continue to maintain your F1 status at your current school while the transfer is in process. Attend classes and adhere to all immigration regulations.
  6. Receive the Transfer Release Date:
    • Your current DSO will set a “Transfer Release Date” in SEVIS. On this date, your SEVIS record will be electronically transferred to your new school.
  7. Report to the New School:
    • Once your SEVIS record has been transferred to the new school, report to the DSO at your new school as soon as possible. They will update your records and provide you with a new Form I-20.
  8. Apply for a New Visa (if necessary):
    • If your current F1 visa has expired or will expire before you re-enter the U.S., you may need to apply for a new F1 visa at a U.S. embassy or consulate in your home country.
  9. Continue Your Studies:
    • After transferring, you can begin your studies at the new school. Make sure to attend classes regularly and comply with the regulations of your new F1 status.
  10. Update Your Address:
    • It’s essential to update your address in SEVIS whenever you move. Notify your new DSO of any changes in your contact information.

Transferring schools on F1 status is a regulated process, and it’s crucial to follow all the steps and deadlines set by both your current and new school’s DSOs. Maintaining legal status throughout the transfer is essential to avoid any immigration issues.

Remember that the specific procedures and requirements may vary slightly from one school to another, so it’s essential to work closely with the DSOs at both schools to ensure a smooth transfer process.

Related Important Information for Student Visas and Student Status

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Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
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Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

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After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.