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Khoukha · Apr 24, 2009, 05:25 PM

Hi,

I have entered the US on Jan 27th09 on B2 visa. A few weeks later and because of new circumstances occurred, I have decided to go back to school, and then applied to the college on 13th of March. A month later I got the acceptance and the I-20.
On April 11th 09 I sent my I-539 with all the required documents to USCIS.

My question is: how possible is it to get my application approved? And how long will it take, as my entry expires on Jul 27th 09, and my B2 visa expires in Oct 2010. I am really worried to get my case denied, although I met all the requirements.

Please let me know.

Thanks

lawanwadee · Apr 25, 2009, 09:43 AM

Currently it takes 90-120 days to get approval on I-539. As a matter of fact, filing for change of status in US is not a good idea as you may fall out of status before the application is approved.

To be safe, if your case is still pending and your I-94 expires, leave US immediately and file for F-1 at US consulate in your home country.

Khoukha · Apr 25, 2009, 09:46 AM

I heard that it's legal to stay while waiting for your application result , even if I-94 expires. Is that true?

lawanwadee · Apr 25, 2009, 10:02 AM

Yes and No... by the rules, you can stay 120 days after I-94 expires if your application is pending, if your case is not approved, you must leave immediately. The consequence is once your overstay from the date in I-94, US consulate will deny your application... no contest, no appeal. Most end up with 3 years ban.

muktsar · May 11, 2009, 01:28 PM

Originally Posted by lawanwadee

Currently it takes 90-120 days to get approval on I-539. As a matter of fact, filing for change of status in US is not a good idea as you may fall out of status before the application is approved.

To be safe, if your case is still pending and your I-94 expires, leave US immediately and file for F-1 at US consulate in your home country.

Hi:
I am also looking for the answer to somewhat similar question. I am on F-1 visa and my wife came to US in Jan this year on F-2 visa. Now she got admitted at the same school where I'm studying already. Her classes ll start from Aug 17 and we ll get I-20 by next week. I want to know that if we file for change in status here in US, ll the remaining time be good enough for approval? Or should she go back to India to get new F-1 visa stamp?

Thanks in advance.

Vishal

Khoukha · May 11, 2009, 03:06 PM

Hi,

It all depends on how long your wife is allowed to stay according to her entry date (I-94).
It takes 3 months to get the approval of change of status, that's what I know, as I am still waiting for my application result; however, I think it would be much easier to apply from your home country, and that's what I will be doing if I didn't get a response before my last day of I-94. Good luck.

muktsar · May 11, 2009, 03:22 PM

Originally Posted by Khoukha

Hi,

It all depends on how long your wife is allowed to stay according to her entry date (I-94).
It takes 3 months to get the approval of change of status, that's what I know, as I am still waiting for my application result; however, I think it would be much easier to apply from your home country, and that's what I will be doing if I didn't get a response before my last day of I-94. Good luck.

Hey, thanks for the reply.

I think time for her stay is not an issue. We are in status till 2013. My main concern is that whether she ll be able to get the status change approval by the classes starts or not. We ll not able to apply to USCIS till May 18th. And then we ll be left with exact three months for the classes to starts. So I think we too ll fly back to home country.

Aziza · Oct 13, 2010, 10:25 AM

Is if possible to change B2 to F1 ? Cause I wonna to study in US?