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Immigration Issues/B 2 TO F1 visa change of status query


Hi I have been accepted at a leading university for a a masters program for fall 2008 session starting aug 25th 2008 . I am here on B2 visa since 5 months  and have applied for a change of status (I 539 )this month . It is extremely unlikely that I would be able to join for fall semester coz my change of status would not be done until atleast 3 months according to USCIS processing time  . Should I defer my admission to next sem while awaiting change of status ? would the university issue me a new i-20 later ? I have already paid the university $ 5000 tuition deposit .

You need to contact the University if they will issue you a new I-20. Most probably they will. If not they will refund the deposit.

The most important thing you should look out for during change of status from B-2 to F-1 is will you  be able to maintain your current nonimmigrant status until the effective date of the change of status (which can be no more than 30 days prior to the scheduled report date listed on the SEVIS I-20. As your B-2 will be expiring in another month or so. And the start date for the next semester will be more than 30 days from the end of your B-2 status your COS to F-1 may not be approvable. Some have tried to file for a B-2 extension to bridge this gap.

So I suggest that you consider consular processing and re-enter the US on F-1 visa.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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