Visitor to Student visa (certificate program)

[chinx]

Thanks Murthy for providing this forum, it is super useful to immigrant community.

 

I had a quick question on B1-B2 to F1 transfer.

One of my friends is currently in US on Visitor visa.

She wants to enroll in a certificate program offered by UCSC extension.

The program does offer I-20 (within 3 days of application) and then the person can apply for COS to F1. It is a 9 month certificate program with 1 year OPT.

 

Would really appreciate any thoughts regarding transfer from visitor to F1 visa ? Are they are negative implications of this in the long run? 

Any other minefields here, as (honestly) this seems too good to be true from immigration perspective.

 

Thanks for reading my post and all the best for your immigration issues as well.

[rahul412]

 

 

The program does offer I-20 (within 3 days of application) and then the person can apply for COS to F1. It is a 9 month certificate program with 1 year OPT.

within 3 days?? Something is wrong with that college.

I suggest you to find a good school, and AFAIK there is not OPT for certificate programs bcos OPT is for full time students.

[jairichi]

Your friend has to exit and enter US with a valid F1 visa to do her studies.

[JoeF]

within 3 days?? Something is wrong with that college.

I suggest you to find a good school, and AFAIK there is not OPT for certificate programs bcos OPT is for full time students.

UCSC is University of California Santa Cruz. A public university in the UC system.

[rahul412]

UCSC is University of California Santa Cruz. A public university in the UC system.

And that certificate program is eligible for OPT??

[chinx]

@Jairichi - I understood that after change of status is approved it is not mandatory to leave the country. 

                  Only if one needs the visa stamped then one has to leave the country. 

                 So, as long as she is in US with a valid F1 status, that should be fine, even though she doesn't have F1 visa stamped on the passport. I thought that was the difference between "visa" and "status". Please correct me if I missed something. I don't seem to find a link to corroborate this , but I remember following such discussions on this forum.

 

@rahul412 - yes, sounds too good, isn't it. Here is the link with more info on OPT after certificate program: http://www.ucsc-extension.edu/international-program/practical-training

[jairichi]

@Jairichi - I understood that after change of status is approved it is not mandatory to leave the country. 

                  Only if one needs the visa stamped then one has to leave the country. 

                 So, as long as she is in US with a valid F1 status, that should be fine, even though she doesn't have F1 visa stamped on the passport. I thought that was the difference between "visa" and "status". Please correct me if I missed something. I don't seem to find a link to corroborate this , but I remember following such discussions on this forum.

 

@rahul412 - yes, sounds too good, isn't it. Here is the link with more info on OPT after certificate program: http://www.ucsc-extension.edu/international-program/practical-training

It is not easy to get a COS from B1/B2 to F1. That is what I meant.

[rahul412]

@Jairichi - I understood that after change of status is approved it is not mandatory to leave the country. 

                  Only if one needs the visa stamped then one has to leave the country. 

                 So, as long as she is in US with a valid F1 status, that should be fine, even though she doesn't have F1 visa stamped on the passport. I thought that was the difference between "visa" and "status". Please correct me if I missed something. I don't seem to find a link to corroborate this , but I remember following such discussions on this forum.

 

@rahul412 - yes, sounds too good, isn't it. Here is the link with more info on OPT after certificate program: http://www.ucsc-extension.edu/international-program/practical-training

As per USCIS, you should be enrolled as full time student for at least one yr

 

http://www.uscis.gov/eir/visa-guide/f-1-opt-optional-practical-training/f-1-optional-practical-training-opt

[chinx]

Thanks jairichi and rahul142 and of course JoeF for your responses.

 

@rahul142, thanks for the uscis link, I will check with the university on this.

 

@jairichi - yes, agreed, that it would be quite tricky to get COS from B1/B2 to F1.

 

 

Any hints/tips on how to increase the chances of B1/B2 to F1 conversion.

My friend was planning to write a letter to USCIS explaining why she would like to pursue studies here, and how very much impressed she is seeing the educational institutes here in US first hand, and how these studies will help her career once she returns back to India.

 

Any other help/tips/pointers would also be really appreciated. Thanks in advance.

[JoeF]

As per USCIS, you should be enrolled as full time student for at least one yr

 

http://www.uscis.gov/eir/visa-guide/f-1-opt-optional-practical-training/f-1-optional-practical-training-opt

 

1 Academic year. That usually means 9 months, since there is no instruction in summer. The UC system is on the quarter system, i.e., Fall, Winter, and Spring quarters make up one academic year.

So, the OP should be ok.

[chinx]

@Rahul412 - just heard back from University, they say 9 month of studies is equal to "one academic year" as specified by USCIS.

[jairichi]

Thanks jairichi and rahul142 and of course JoeF for your responses.

 

@rahul142, thanks for the uscis link, I will check with the university on this.

 

@jairichi - yes, agreed, that it would be quite tricky to get COS from B1/B2 to F1.

 

 

Any hints/tips on how to increase the chances of B1/B2 to F1 conversion.

My friend was planning to write a letter to USCIS explaining why she would like to pursue studies here, and how very much impressed she is seeing the educational institutes here in US first hand, and how these studies will help her career once she returns back to India.

 

Any other help/tips/pointers would also be really appreciated. Thanks in advance.

USCIS would have seen lots of cover letters like that. Still it might be mostly an F1 approval without I94.

[rahul412]

@Rahul412 - just heard back from University, they say 9 month of studies is equal to "one academic year" as specified by USCIS.

Yeah that makes sense. I guessed the same, probably they are not considering the summer semester.

[chinx]

Thanks everyone for reply.

 

I understand that transition from visitor to student visa would be difficult.

Jairichi makes great point about the cover letter and absence of I-94

 

@Jairichi - regarding I-94, murthy bulletin mentions that F1 visa has no I-94 expiration date, below is link and excerpt.

Does it mean that after (if/when) COS to F1 is approved, we just discard the existing I-94? 

 

 

http://www.murthy.com/2013/01/21/reminders-for-the-new-year-importance-of-the-i-94-card-part-1-of-4/

 

 

<PASTE>

Fs and Js Enjoy D/S Status and No I-94 Expiration Date

Foreign nationals in F and J statuses do not have specific expiration dates noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications during their programs.

</PASTE>

Thanks for following thread.

[jairichi]

 

Thanks everyone for reply.

 

I understand that transition from visitor to student visa would be difficult.

Jairichi makes great point about the cover letter and absence of I-94

 

@Jairichi - regarding I-94, murthy bulletin mentions that F1 visa has no I-94 expiration date, below is link and excerpt.

Does it mean that after (if/when) COS to F1 is approved, we just discard the existing I-94? 

 

 

http://www.murthy.com/2013/01/21/reminders-for-the-new-year-importance-of-the-i-94-card-part-1-of-4/

 

 

<PASTE>

Fs and Js Enjoy D/S Status and No I-94 Expiration Date

Foreign nationals in F and J statuses do not have specific expiration dates noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications during their programs.

</PASTE>

Thanks for following thread.

 

Never discard I94s. Surrender to the authorities concerned when you exit US.

[jairichi]

 

Thanks everyone for reply.

 

I understand that transition from visitor to student visa would be difficult.

Jairichi makes great point about the cover letter and absence of I-94

 

@Jairichi - regarding I-94, murthy bulletin mentions that F1 visa has no I-94 expiration date, below is link and excerpt.

Does it mean that after (if/when) COS to F1 is approved, we just discard the existing I-94? 

 

 

http://www.murthy.com/2013/01/21/reminders-for-the-new-year-importance-of-the-i-94-card-part-1-of-4/

 

 

<PASTE>

Fs and Js Enjoy D/S Status and No I-94 Expiration Date

Foreign nationals in F and J statuses do not have specific expiration dates noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications during their programs.

</PASTE>

Thanks for following thread.

 

I am not discouraging your friend from applying a COS. It takes 3 to 4 months to get a decision. And, as earlier said it is not easy to get an approval. There is always a possibility that your friend's B1/B2 I94 expires before the COS decision is made. And, in case it gets denied and she is still in US then her B1/B2 visa gets void.

[chinx]

I sincerely appreciate jairichi for your time and knowledgeable advice. 

 

BTW, I understand that once her COS application(form i-539) is submitted/received, then she can stay in US till the COS decision is made - even though her I-94 has expired.

 

so if COS to F1 is approved she can stay in the country and join the school.

if COS is rejected, she needs to leave the country immediately.

 

Thanks again for your help to community.

[colekata]

@Chinx any idea who is the contact person at UCSC Extn for admission?

Your friend must have contacted a very helpful person and got the right assistance from him/her.

 

My cousin wants to pursue a certificate course from that institute.

[JoeF]

@Chinx any idea who is the contact person at UCSC Extn for admission?

Your friend must have contacted a very helpful person and got the right assistance from him/her.

 

My cousin wants to pursue a certificate course from that institute.

 

They have a website, and UCSC has an international office.