b1 to f1 change of status

• Purpose of Visit: The B1 visa is strictly for business-related purposes. This includes activities like attending conferences, business meetings, or negotiating contracts. It does not permit engagement in employment in the U.S.

• No Employment: Holders of a B1 visa are not allowed to work for a U.S.-based employer during their stay. Any form of gainful employment is a violation of the visa terms.

• Limited Duration of Stay: The B1 visa typically allows a stay for a specific and limited period, often determined by the purpose of the visit. Extensions can be requested but are subject to approval.

• No Access to Public Funds: B1 visa holders are not entitled to access public funds or benefits, including social assistance programs.

Higher Educational

• Pursuing Higher Education: Seeking to enroll in U.S. universities for advanced degrees or specialized courses.
• Long-Term Academic Goals: Realizing that U.S. education aligns better with career and personal development plans.

Employment Opportunities

• Access to Curriculum Practical (CPT): Exploring work opportunities available exclusively to F1 students on university campuses.
• Optional Practical Training (OPT): Utilizing the chance to gain practical experience in their field of study post-graduation.

Special Occasion

• Ineligibility for Other Visas: Finding the F1 visa as a more accessible option compared to other visa categories.

Emergency Situation

• Seeking Academic "Asylum": In some cases, your B1 Visa doesn't allow you to stay in the country anymore, which means you will soon be out of status, but you really would like to stay in the country and would like to pursue your life in the US. 

Financial Considerations

• Financial Support for Education: Average US universities are often one of the most expensive institutions within the US, but day 1 CTP universities offer cheaper tuition and work opportunities from day 1.  

• No Enrollment Before Approval: B1/B2 visa holders cannot enroll in a course of study in the U.S. before their change of status to F1 is approved. Engaging in the study before approval makes them ineligible for a change to F1 status.

• Maintaining Lawful B1/B2 Status: Applicants must be in lawful B1/B2 status when applying for a change of status. The F1 status cannot begin earlier than 30 days before the start date on the I-20 form. Applications should be submitted several months in advance, and applicants must maintain their B1/B2 status until 30 days before the I-20 start date.

• Intention at the Time of Entry: Applicants must show that they did not intentionally apply for the wrong visa or deliberately enter the U.S. in the wrong status. If it is found that the applicant knew they were going to study when they applied for the B1/B2 visa or entered the U.S., they will not qualify to change to F1 status.

• Proof of Permanent Residence in Home Country: Applicants must be able to prove that they have a permanent residence in their home country that they do not intend to abandon.

• Application Timing and Processing: Processing times for a change of status in the U.S. can vary, so applicants should be prepared to wait three to six months for a decision. Applicants are advised to review current processing times and their pending case status on the USCIS Case Status Service Online.

• Travel Restrictions During Application: Applicants should not travel outside of the U.S. while their change of status case is pending. If they leave the country, USCIS will consider the application abandoned.

• Required Documentation: Applicants need to submit several documents, including Form I-539, photocopies of both sides of their current I-94 card, the new Form I-20 from the school, copies of financial documents, a photocopy of their valid passport and visa, an official admission letter from the school, proof of SEVIS fee payment, and a personal letter explaining why they are requesting the change of status.

• Financial Ability: Applicants must have the financial ability to support the costs of living and studying in the U.S.

• USCIS Notification: USCIS will notify applicants of their decision with Form I-797 Notice of Action. This document should be kept with the applicant's passport and I-94 card.

*Please keep in mind the following limitations that you need to pay attention to. 

• Timing: Apply for the change of status before your program starts, as you cannot enroll in classes or begin studying until USCIS approves your change of status.
• Program Start Date: If your B1/B2 status will expire more than 30 days before your program start date, consider extending your current status or leave the U.S. and apply for an F-1 visa through consular processing.
• Filing Fee for Extension: If extending your B1/B2 status, be prepared to pay a separate filing fee.

You have 2 methods for you to choose for your change of status within the US. 

Method 1:  Travel and Reentry

One alternative method for those holding a B1/B2 visa and seeking an F1 student visa is to leave the U.S. and apply for a new visa (Stamping) at a U.S. consulate before reentering the country with the new visa. However, it's important to note that this approach has its own set of advantages and disadvantages.

Advantages:

• Obtain Visa and Status Together: By reentering the U.S. with the new visa, you immediately gain the new status, aligning your visa and immigration status.

Disadvantages:

• Potential Visa Processing Delays: There's a risk of delays in visa processing at the consulate, which can be unpredictable.
• Travel and Ticket Expenses: Traveling outside the U.S. and bearing the cost of travel and tickets can be a significant expense and inconvenience.
• Risk of Visa Denial: There's always a risk of visa denial at the consulate, which could impact your ability to return to the U.S.

Method 2: Changing your status with USCIS

When individuals in the United States on a nonimmigrant visa, like a B1/B2 visa, want to switch to an F1 student visa, they often apply for a change of status with the U.S. Citizenship and Immigration Services (USCIS). However, it is essential to know that this process has its own set of advantages and disadvantages.

Advantages:

1. Remain in the U.S.: You can stay in the United States during the processing of your application, avoiding the need for international travel.
2. Gain New Status Without Leaving: If approved, you can transition to F1 status without having to leave the U.S. and apply for a visa at a consulate.
3. Processing Time: The process can be expedited due to USCIS enforces premium processing for change of status.

Disadvantages:

1. Cannot Leave the U.S. During Processing: If you exit the U.S. while your application is pending, USCIS will consider your application abandoned.
2. Need for Visa Stamp for Future Travel: Even if your status change is approved, you will still need to obtain an F1 visa stamp in your passport the next time you travel outside the U.S. (except for short trips to Canada or Mexico under 30 days).

• G-1145, E-Notification of Application/Petition Acceptance: This form allows you to request electronic notification when USCIS accepts your application.

• Cover Letter: A one-page letter requesting the change of status from your current status to F-1. This letter should include a brief explanation of why you wish to change to F-1 status and a checklist of the documentation included in your application.

• USCIS Form I-539, Application to Extend/Change Nonimmigrant Status: This form is essential for the application process and the required application fee.

• Evidence of Financial Support: Documents such as bank statements or assistantship letters that prove you can financially support yourself during your studies in the U.S.

• Admission Letter from the University: A copy of the letter confirming your acceptance into the educational institution.

• Copy of Your F-1 I-20 Form: Ensure to sign the “Student Attestation” section on page 1 of the form before making a copy. Do not send the original I-20, as USCIS does not require it and will not return it.

• Receipt of SEVIS Fee Payment: A copy of the receipt indicating payment of the SEVIS fee, which is separate from the application fee.

• Copies of All Immigration Documents: This includes documents like DS-2019, F-2 I-20, I-797, paper or print-out of electronic Form I-94, valid passport, visa stamp, EAD card, etc., showing that you are currently in lawful non-immigrant status.

• Waiver of the 212(e) Two-Year Foreign Residency Requirement: If applicable, especially if you were previously in J status and subject to this requirement.

Tuition:

Varies by Institution: As I mentioned earlier, Day 1 CPT University's master's program will be more cost-effective compared to others. The university charges approximately $18,000 - $30,000 for a two-year program, which is lower than the average cost of other universities. Moreover, some of these universities offer a monthly payment option for tuition fees.

Living Expenses:

When it comes to living expenses, they will depend on your travel costs and average cost of living. Let's consider CIAM as an example. Since the university covers food expenses for your onsite study, the remaining expenses will generally include transportation, other living expenses based on your lifestyle choices, and health insurance.

Health Insurance: Most universities require international students to have health insurance, which can be an additional cost.

When you try to find a Day 1 CPT university that is right for you, you need to consider the following cities: your major choices, location, and your budget for your tuition. And few other important criteria that you must consider for your future immigration status, and I will list them below.

1. Accreditation and Reputation

Accreditation: Verify the universities that a recognized accrediting agency accredits. The common accreditations are the following: 

Research the University Reputation: You can also check the universiteis reputation through different social channels such as Facebook, whatsapp group, and Telegram. Also, you can join our whatsapp group for university information. 

2. Tution and Scholoship

Cost of Education: Evaluate the tuition fees and other educational expenses.

Financial Aid Options: Check if the university offers scholarships, grants, or other financial aid options for international students.

Full-Time Enrollment

• Minimum Credit Hours: F1 students must be enrolled full-time during the academic year. The definition of full-time varies by institution but typically involves a certain number of credit hours per semester (usually around 12 credit hours for undergraduates and 9 for graduate students).

Academic Progress

• Grades: Maintain the minimum grade point average (GPA) required by the institution.

Online Courses Limitation

• Restriction on Online Classes: There's a limit on the number of online courses that count towards the full-time enrollment requirement. Typically, only one online class or three online credits can be counted per semester.

Transfer Between Programs or Schools

• Notification and Approval: If you transfer to a different program or school, you must notify your current school and receive approval from the new school to maintain F1 status.

Eligible Nonimmigrants:

• Lawfully admitted nonimmigrants in the U.S. can seek to change from one visa classification to another, including B1 to F1, if they meet all eligibility criteria for the new visa classification.
• Applicants must have maintained their current status and not violated any conditions of their nonimmigrant status.

Timing and Effective Date:

• Upon approval of a change of status (COS) to F-1, students may not engage in student activities until 30 days before their academic program start date.
• The effective date of F-1 status is the day of final adjudication, regardless of whether it falls within 30 days of the program start date.
• If approved more than 30 days before the program start date, the nonimmigrant must not violate F-1 status during that period.

Applying while “Out of Status”: Individuals must have invalid, unexpired status to change to F-1 status without leaving the U.S. If the B-1/B-2 status expires, they are considered “out of status” and generally cannot change status within the U.S.

• Solution: To avoid complications, initiate the F-1 visa application well before your B-1/B-2 status expires. If nearing the end of your permitted stay, consider applying for a B-1/B-2 extension to remain legally in the U.S. while transitioning to F-1 status.
  

Lack of a Residence Abroad Without Intent to Abandon:

F-1 applicants need to show they have a permanent residence in their home country that they have no intention of abandoning. Selling property back home to fund U.S. studies could jeopardize F-1 eligibility.

• Solution: Maintain strong ties to your home country, such as retaining property ownership, sustaining family connections, or securing a job for your return post-studies. Avoid actions that suggest you are cutting ties with your homeland.
  
  

Applying After the Program Start Date on Form I-20:

If the change of status to F-1 is applied for after the program start date indicated on the I-20 form, the application will likely be denied.

• Solution: Apply for the F-1 visa as soon as you receive the I-20 form. Keep track of the program start date and ensure your application is submitted well in advance.

Failure to Maintain Lawful Status During the 30 Days Prior to the Program Start Date:

Applicants must maintain valid non-immigrant status until at least 30 days before the program start date on the I-20 form. Filing for a change of status too close to the expiration of B-1/B-2 status can lead to denial.

• Solution: File for a change of status to F-1 or an extension of your B-1/B-2 visa early enough to avoid any gap in legal status. 

Extension of B-1/B-2 Status:

In some cases, it may be necessary to file for multiple extensions of B-1/B-2 status to ensure that the applicant is in status and that the status remains valid 30 days before the program start date on the I-20.

• Solution: Keep all your documents organized and up-to-date. This includes passport, visa, I-94, I-20, financial proofs, and any correspondence with USCIS. Also, regularly check for updates on immigration policies and processing times.