problem of a friend
Dec 4th 2002, 8:51 am
#1
Forum Regular
Thread Starter
Joined: Aug 2002
Location: Beckley WV
Posts: 177
problem of a friend
dear friends,
Here is a problem in regard to one of my best friends. any advice will be appreciate. he came here on visit visa(b1/b2) which shall expire in 2005, but his exit has been stamped till feburary 2003.
after visiting a university here he got interested in getting admitted in their bachelors programme. the international council at the university told him that there shall be no problem and they got all his requires documents straight and sent the case to INS insuring him that he can start his course beggining in the month of january. so he fulfilled their requirements gave the admission fee and got his courses registered.
now i heared from someone that to get the visit visa changed to F1 he has to go back to his country. now he is in a dilemma and is quite confused as the university insures him that there shall be no problem but INS differs in its laws in this regard.
if any body could give any advice it shall be really appreciated.
Here is a problem in regard to one of my best friends. any advice will be appreciate. he came here on visit visa(b1/b2) which shall expire in 2005, but his exit has been stamped till feburary 2003.
after visiting a university here he got interested in getting admitted in their bachelors programme. the international council at the university told him that there shall be no problem and they got all his requires documents straight and sent the case to INS insuring him that he can start his course beggining in the month of january. so he fulfilled their requirements gave the admission fee and got his courses registered.
now i heared from someone that to get the visit visa changed to F1 he has to go back to his country. now he is in a dilemma and is quite confused as the university insures him that there shall be no problem but INS differs in its laws in this regard.
if any body could give any advice it shall be really appreciated.
Dec 4th 2002, 4:37 pm
#2
Guest
Posts: n/a
Re: problem of a friend
On Wed, 04 Dec 2002 09:51:20 +0000, syedraza70 wrote:
>
> dear friends,
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
It seems that the university is not up to the latest regulations, which is
kind of surprising given how big a deal it was when this was introduced a
few months ago.
A B-1 visitor now cannot change to F-1 within the US, unless he declares
the intent to do so when entering the USA.
>
> dear friends,
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
It seems that the university is not up to the latest regulations, which is
kind of surprising given how big a deal it was when this was introduced a
few months ago.
A B-1 visitor now cannot change to F-1 within the US, unless he declares
the intent to do so when entering the USA.
Dec 4th 2002, 6:52 pm
#3
Guest
Posts: n/a
Re: problem of a friend
"syedraza70" wrote in message
news:[email protected]...
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
If your friend entered the U.S. in B-2 status on or after April 12, 2002,
then he is subject to a recent rule which prevents persons who have applied
for a change from B-1 or B-2 status to F-1 status from enrolling in classes
before the application is approved.
The school may be aware of this. The school may have calculated the usual
processing time for the I-539 in their area, and they may be confident that
the change will be approved on time for him to start his courses in January
2003. See http://www.shusterman.com/toc-sc.html for I-539 processing times
at each of the INS Service Centers.
If the I-539 is not approved on time to start classes in January, your
friend has a choice. He can leave the U.S., apply for an F-1 visa stamp,
and re-enter in F-1 status if he is successful. Or, he can wait for the
next term, and enroll then if his status has been changed by the beginning
of the term. His stay in the U.S. is almost certainly authorized while the
I-539 is pending (he should check with the international student adviser
about circumstances in which it may not be authorized).
There is a *proposed* rule which would prohibit persons holding B-1 or B-2
status from changing to student status unless they state an intention to
study at the time of admission, and their I-94 is annotated "prospective
student." This rule is *not yet in effect.* Your friend is still eligible
to have his status changed from B-2 to F-1 without leaving the U.S.
See
http://www.nafsa.org/content/Profess...es/Immigration
AdvisingResources/pa2002C.htm.
Unrelated to these rules, INS may still deny the I-539 application based on
suspecting that your friend 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.
Your friend should make an appointment with an international student
adviser, and discuss these matters. It may be necessary for him to leave
the U.S.
news:[email protected]...
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
If your friend entered the U.S. in B-2 status on or after April 12, 2002,
then he is subject to a recent rule which prevents persons who have applied
for a change from B-1 or B-2 status to F-1 status from enrolling in classes
before the application is approved.
The school may be aware of this. The school may have calculated the usual
processing time for the I-539 in their area, and they may be confident that
the change will be approved on time for him to start his courses in January
2003. See http://www.shusterman.com/toc-sc.html for I-539 processing times
at each of the INS Service Centers.
If the I-539 is not approved on time to start classes in January, your
friend has a choice. He can leave the U.S., apply for an F-1 visa stamp,
and re-enter in F-1 status if he is successful. Or, he can wait for the
next term, and enroll then if his status has been changed by the beginning
of the term. His stay in the U.S. is almost certainly authorized while the
I-539 is pending (he should check with the international student adviser
about circumstances in which it may not be authorized).
There is a *proposed* rule which would prohibit persons holding B-1 or B-2
status from changing to student status unless they state an intention to
study at the time of admission, and their I-94 is annotated "prospective
student." This rule is *not yet in effect.* Your friend is still eligible
to have his status changed from B-2 to F-1 without leaving the U.S.
See
http://www.nafsa.org/content/Profess...es/Immigration
AdvisingResources/pa2002C.htm.
Unrelated to these rules, INS may still deny the I-539 application based on
suspecting that your friend 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.
Your friend should make an appointment with an international student
adviser, and discuss these matters. It may be necessary for him to leave
the U.S.
Dec 4th 2002, 8:40 pm
#4
Guest
Posts: n/a
Re: problem of a friend
syedraza70 wrote in message news:...
> dear friends,
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
I went to America originally on a B1/B2 visa and also became
interested in a bachelors programme - so like your friend i registered
and sent off for a change of status from a B1/B2 to a F1 (in feb'2001)
and it was approved by sept '2001. You can studying at the university
once you have sent your COS application to the INS, as your status
change is "pending". However, once you have been approved of this
change of status, and you decide to leave America - then you would
have to go back (preferably) to your home land and get a F1 visa
inorder to complete your studying.
I am currently at the stage where i have studied in the USA for 1.5
years and i am currently in the UK to get my F1 visa (i am a senior,
so i have less than a year until i complete my degree).. which is
taking too long - and my application has been refused 2 times (221(g))
and the embassy want to have a personal interview with me ....
So if anyone is in the same situation as me or if anyone has knowledge
of the London interview procedures... PLEASE get back to me....
thanks
> dear friends,
> Here is a problem in regard to one of my best friends. any
> advice will be appreciate. he came here on visit visa(b1/b2)
> which shall expire in 2005, but his exit has been stamped till
> feburary 2003.
> after visiting a university here he got interested in getting
> admitted in their bachelors programme. the international council
> at the university told him that there shall be no problem and
> they got all his requires documents straight and sent the case
> to INS insuring him that he can start his course beggining in
> the month of january. so he fulfilled their requirements gave
> the admission fee and got his courses registered.
> now i heared from someone that to get the visit visa changed to
> F1 he has to go back to his country. now he is in a dilemma and
> is quite confused as the university insures him that there shall
> be no problem but INS differs in its laws in this regard.
> if any body could give any advice it shall be really
> appreciated.
I went to America originally on a B1/B2 visa and also became
interested in a bachelors programme - so like your friend i registered
and sent off for a change of status from a B1/B2 to a F1 (in feb'2001)
and it was approved by sept '2001. You can studying at the university
once you have sent your COS application to the INS, as your status
change is "pending". However, once you have been approved of this
change of status, and you decide to leave America - then you would
have to go back (preferably) to your home land and get a F1 visa
inorder to complete your studying.
I am currently at the stage where i have studied in the USA for 1.5
years and i am currently in the UK to get my F1 visa (i am a senior,
so i have less than a year until i complete my degree).. which is
taking too long - and my application has been refused 2 times (221(g))
and the embassy want to have a personal interview with me ....
So if anyone is in the same situation as me or if anyone has knowledge
of the London interview procedures... PLEASE get back to me....
thanks
