is B1/b2 to F1 a good idea?

[Norman D.]

What is the name of your state? NJ

Hi Atty. Lana. I just have another question.

I am on my extension of stay (approved by USCIS) of my B1/b2 visa. I intend, however, to apply for an F1 student visa.( I already got approved by the school that I want to go to.) Is this a good idea? My status shall expire on the last week of March...and if I don't get an approval before the end of my status, will this cause any problem on my part?

And if someone is willing to sponsor me via H1B afterwards or even in the middle of my classes, will there be no problem from converting from F1 to H1b?

I hope to get your opinion on this. Thank you.

 

[ImmigAttyLana]

I doubt that your status will be changed from B to F without you having to leave the US to consular process for the F-1. That's point number one.

As for your ability to change to H-1B from F-1, assuming you have F-1, you can only do so if you are qualified for a H-1B visa (have at least a bachelor's degree or its equivalent), if the job position you are offered requires at least a bachelor's degree or its equivalent in the relevant field of study and if there are still H-1B numbers available at the time you are offered the job and the employer is willing to file the H-1B petition on your behalf.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[just_plain_dum]

Typically a change of status from B to F will not be approved, unless at the time of entry it was noted on your I-94 that you will be seeking a change of status to F. Looks like you will have to depart and re-enter.

 

[Norman D.]

Thank you

Thanks for your reply. I believe it is best for me to go home. I just don't want to risk being out of status which I know may complicate my situation.

 

[ImmigAttyLana]

As long as you file for a change of status while you are still IN status, you are protected while that change of status is pending. However, if the change of status is denied, it is denied retroactively to the expiration date of your I-94. Given that it is unlikely that your change of status to F-1 will be approved without you having to go abroad, I would probably not advise doing this but it is up to you. As for a change of status to H-1B, you are only eligible for H-1B if the job requires a minimum of a bachelor's degree or its equivalent and you HAVE such an education or its equivalent.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.