B1/B2 visa change status to F1 (2018). Need advice?

Question

Please help me with some questions

I came to the US on September 21, 2017 on a B2 visa. My I-94 expires on March 20, 2018, after 6 months here. Now, I would like to take a short term course here. I applied for, and got, an I-20, with my class beginning on May 7, 2018. So:

1. I need to fill I-539 form to change my status (from B2 to F1) and write a letter to explain why I need to change the status. What points do I need to write and make the USCIS believe that I just stay to study and will go back to my country after I finish my class?

2. As the I-20 shows May 7, 2018 as the course starting date, if my F1 change of status is still pending and my I-94 expires, I need to fill another form to extend my B2 status (the second I-539 form). Do I need to fill and apply at the same time with the status change form? 

3. After I fill the extension status form (the second I-539 form), will I get another 6 months to wait for my change of status (F1)? And when will these 6 months start? 


Kindly give me some advice. Thank you so much !

Answer 1

1. I need to fill I-539 form to change my status (from B2 to F1) and write a letter to explain why I need to change the status. What points do I need to write and make the USCIS believe that I just stay to study and will go back to my country after I finish my class?

I don't see anywhere that says you have to write a letter. The I-539 instructions for F-1 just says you have to submit a copy of your I-20, and submit documentation that demonstrates you will be able to pay for your studies and support yourself.

2. As the I-20 shows May 7, 2018 as the course starting date, if my F1 change of status is still pending and my I-94 expires, I need to fill another form to extend my B2 status (the second I-539 form). Do I need to fill and apply at the same time with the status change form?

You will need to apply for a B2 Extension of Status, because you can only apply for Change of Status to F1 status if you are in status 30 days before the start date of the F1 program (and your current B2 status doesn't last until 30 days before the intended start of the program).

(And even if your status did last until 30 days before the start of your program, if the Change of Status (which usually takes several months) is still pending by your intended start date, your school will push back the start date, and current USCIS interpretation is that you must be in status 30 days before the new start date, so the original B2 status may still not be enough and you would still need to apply for an Extension of Status anyway.)

Since you will need a B2 Extension of Status anyway, you might as well apply for it now.

3. After I fill the extension status form (the second I-539 form), will I get another 6 months to wait for my change of status (F1)? And when will these 6 months start?

You can stay in the US as long as you have a pending Extension of Status or Change of Status application. A B2 extension of status is usually granted for 6 months, and the 6 months starts when the current status ends.