Net User

One of my friend came in country on B1 visa to donate organ to family. He
wants to study in USA on F1 visa. Is it possible to convert his visa to F1
without going back to home country?

thanks,
Sam

Matrix

"Net User" <[email protected]> wrote in message
news:[email protected]...
    | One of my friend came in country on B1 visa to donate organ to family. He
    | wants to study in USA on F1 visa. Is it possible to convert his visa to F1
    | without going back to home country?
    |
    | thanks,
    | Sam
    |
    |

No.
He has to leave the US and go to a US Consulate to get an F1 visa

Net User

"matrix" <[email protected]> wrote in message
news[email protected] om...
    > "Net User" <[email protected]> wrote in message
    > news:[email protected]...
    > | One of my friend came in country on B1 visa to donate organ to family.
He
    > | wants to study in USA on F1 visa. Is it possible to convert his visa to
F1
    > | without going back to home country?
    > |
    > No.
    > He has to leave the US and go to a US Consulate to get an F1 visa

For any kind of visa or just F1? i.e. Can he get an H1 and start working
here without leaving USA? He is trying to save travel cost if possible.

Sam

Sergey Verzunov

Net User wrote:

    > One of my friend came in country on B1 visa to donate organ to family. He
    > wants to study in USA on F1 visa. Is it possible to convert his visa to F1
    > without going back to home country?
    >
    > thanks,
    > Sam
    >
    >

He can change status to whatever F1 or H1,
but if he leaves the country he would need
to go to a consulate and get corresponding
entry visa. And as far as I know cosulates
don't like status change a lot.

LucyMO

Sergey, you are wrong. If he entered on B visa and did not tell the POE officer that he is an prospective student (which is then is stamped on his passport or I-94, don't remember which one), then he is not eligible for a change of status to F-1. These are new rules which went into effect January 2003.

Sylvia Ottemoeller

"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected]...

    > Sergey, you are wrong. If he entered on B visa and did not tell the POE
    > officer that he is an prospective student (which is then is stamped on
    > his passport or I-94, don't remember which one), then he is not eligible
    > for a change of status to F-1. These are new rules which went into
    > effect January 2003.

Lucy -- remember -- this requirement to declare the intent to change to F-1
is only a ****proposed**** law, not a law which is in effect. See
http://www.nafsa.org/content/Profess...es/pa2002C.htm.
So Sergey is right about that particular issue.

It was proposed on April 12, 2002, with comment due by May 13, 2002, and
**no interim or final regulations have been issued on this matter.**

This is not to say that the application to change from B-2 to F-1 has a good
chance. It may not. INS may deny the application based on suspecting that
he intended to attend school when he entered the U.S. Also, INS may deny
the application based on suspecting that he intends to remain in the U.S.
permanently.

However, the denial will not be based on any law regulation concerning the
failure upon entry to declare intent to change to F-1.

Sylvia Ottemoeller

"Net User" <[email protected]> wrote in message
news:[email protected]...

    > "matrix" <[email protected]> wrote in message
    > news[email protected] om...

    > > "Net User" <[email protected]> wrote in message
    > > news:[email protected]..

    > > | One of my friend came in country on B1 visa to donate organ to family.
He
    > > | wants to study in USA on F1 visa. Is it possible to convert his visa
to F1
    > > | without going back to home country?

    > > No.
    > > He has to leave the US and go to a US Consulate to get an F1 visa

As I mentioned in reply to Lucy, he *is* eligible for a change of status
from B-1 to F-1 without leaving the U.S. There is no guarantee -- he may or
may not have a good chance -- but he is not statutorily ineligible.

There are things he can do and say to increase his chances of success. He
should discuss this with an international student adviser, and perhaps with
a good immigration lawyer with experience in the area.

    > For any kind of visa or just F1? i.e. Can he get an H1 and start working
    > here without leaving USA? He is trying to save travel cost if possible.

If he is otherwise eligible for H-1B, his may have his status changed from
B-1 to H-1B without leaving the U.S. He will have a better chance at this
change than a change to F-1, because he may change to H-1B even if he has an
intention to remain in the U.S. permanently. To change to F-1, the
government must believe he intends to return to his home country after
completing his degree.

LucyMO

That's what I have been told at my school's International Center, it's not like I am making it up.
They had all the international students come in for a presentation last year, where they explained that it is now impossible to change status from B1/2 to F-1, if one didn't declare that he/she is a prospective student at POE. Plus other new things, like new rules for OPT, etc.

Sylvia Ottemoeller

"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected]...

    > That's what I have been told at my school's International Center, it's
    > not like I am making it up.

Oh, I believe you. Sometimes schools are worse than immigration employees
when it comes to maintaining accurate information.

    > They had all the international students
    > come in for a presentation last year, where they explained that it is
    > now impossible to change status from B1/2 to F-1, if one didn't declare
    > that he/she is a prospective student at POE.

It may not be advisable, it may be difficult, but to say it is impossible is
incorrect.

Plus other new things, like
    > new rules for OPT, etc.

Lucy, it is possible for a school to be wrong. If you wanted to press the
issue, and I'm not suggesting that you do, you could ask the school for
information about the "interim" or "final" version of the rule that was
*proposed* at the website I gave.

Amanda

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > That's what I have been told at my school's International Center, it's
    > not like I am making it up.
    > They had all the international students
    > come in for a presentation last year, where they explained that it is
    > now impossible to change status from B1/2 to F-1, if one didn't declare
    > that he/she is a prospective student at POE.

It sounds like it depends on school. My school (old school) still
accept B1/2 to F-1 but student cannot register for ourses until F-1 is
approved.


    > Plus other new things, like
    > new rules for OPT, etc.

Amanda

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > Sergey, you are wrong. If he entered on B visa and did not tell the POE
    > officer that he is an prospective student (which is then is stamped on
    > his passport or I-94, don't remember which one), then he is not eligible
    > for a change of status to F-1. These are new rules which went into
    > effect January 2003.

You are wrong Lucy based on my (my friend's) experience. Beside,
aren't both B1/2 and F-1 are nonimmigrant visa requiring "no intent"
to emigrate.

LucyMO

we are not talking about non-immigrant vs. dual intent. We are talking about the disclosure of a prospective student while entering on B1/2 visa. These are different things.

And we are not talking about schools accepting those on B1/2 visas. We are talking about changing status to F-1 through USCIS after you have been accepted.

I do accept the fact that the school may be wrong (they often are), but sometimes they want to be on a safe side, even the rule hasn't passed yet officially or is not a final decision. I mean it's simpler to go ahead and tell POE officer that you are a prospective student upon entry than be refused a change of status based on non-disclosure. Who knows...

Good luck changing status!

Sylvia Ottemoeller

"Amanda" <[email protected]> wrote in message
news:[email protected]...

    > LucyMO <member20158@british_expats.com> wrote in message
news:<[email protected]>...

    > > That's what I have been told at my school's International Center, it's
    > > not like I am making it up.
    > > They had all the international students
    > > come in for a presentation last year, where they explained that it is
    > > now impossible to change status from B1/2 to F-1, if one didn't declare
    > > that he/she is a prospective student at POE.
    > It sounds like it depends on school. My school (old school) still
    > accept B1/2 to F-1 but student cannot register for ourses until F-1 is
    > approved.

Of course schools are different. But schools are different for different
*reasons.* I am trying to clarify these issues, so that at least the
individual understands what the actual regulations say.

A school may state a rule about what it advises international students and
how it operates. The rule may be:

1. A reasonable interpretation of the law and regulations, as they exist at
the present time (Amanda's school on the issue of B-2 to F-1 change of
status).

2. A mistaken understanding of the law and regulations (Lucy's school on
the same issue).

3. A rule which goes beyond the law (and the school knows it), but which is
a matter of school policy.

Sylvia Ottemoeller

"LucyMO" <member20158@british_expats.com> wrote in message
news:[email protected]...

    > I do accept the fact
    > that the school may be wrong (they often are), but sometimes they want
    > to be on a safe side, even the rule hasn't passed yet officially or is
    > not a final decision.

That stance by a school is a matter of **policy.** The school should make
clear that it is policy, and it should not make the mistake of stating that
it is law or regulation.

I mean it's simpler to go ahead and tell POE
    > officer that you are a prospective student upon entry than be refused a
    > change of status based on non-disclosure. Who knows...

No one is telling individuals *not* to disclose that they are prospective
students at the port of entry. Of course they *should* do that if it is
true. For one thing, the regulation on this issue could be made final at
any time.

The question is this: if the individual has already entered the U.S.
without stating he or she is a prospective student, is the individual
legally eligible to file Form I-539 requesting a change to F-1?

If the individual is legally eligible, it is reasonable for the individual
to file Form I-539. If the individual is not legally eligible, the I-539 is
a **frivolous** application, and that makes a difference.