b1/b2 to F1 RFE

[anony872]

I have received a RFE recently from USCIS after applying for change of status from b1/b2 to f1 via I-539

 

in the RFE USCIS has asked me plenty of questions which has gave me the doubt that they are trying to find a way to reject my Change of Status.

 

 

RFE is asking for following:

 

1. NEW I-20 with new start term date with same SEVIS number 

 

2. Financial Support documents bank statement, paystups and sponsor letter i-134 etc. (Sponsor info)

 

3. Reason given for obtaining the B-1 Visa at US Consulate (It was medical reason visiting my father) Provide proof of tourism in chronological order and cities/towns visited

 

4. A detailed chronological list with (exact to dates) of the activities engaged since in USA, towns and tourist attractions visited (Provide documentary proof)

 

5. Explanation how or from whom i heard about the school and what made me apply for admission to the school.

 

6. Provide documentary evidence of the day you applied for admission to the school.

 

7. Statements regarding the reason and justification for returning to school at this time and how would the schooling benefit me to return to home country.

 

8. Submit proof for all residential addresses in USA, telephone bills, utility bills and receipts since arrival in states.

 

______________

 

* Now its asking me for Statements regarding the reason and justification for returning to school at this time and how would the schooling benefit me to return to home country.

 

* Submit justification for remaining in the U.S to study instead of institution in home country.

 

 

So now, I am here not to ask for answers to the RFE, ofcourse I will provide them as suited for me but I want to ask how do I approach this RFE? It seems to be very negative with so many questions and statements, seems like they are not convinced that I am a bonafide visitor going to become a bonafide student and want to see if there was a preconceived intent but I have not violated my status in anyway.

 

So, my question is what are the chances of approval? I applied 3.5 months later while in usa and I had no intention to study before but after visiting university campus near where I lived that then I decided to approach a degree.

 

I do have an attorney but she seems to be not very helpful, sadly they do not take much interest in RFE's.

 

I would appreciate if anyone can share their experience or tell me a template or a sample that I can follow? Like an order or any tips that could help me get this approval.

_________________________________________________________________________________________________

 

I would like to add this information,

 

I visited my father last year, end of the year , for 1 week.(father passed away and I returned to my home country). On my 2nd trip to USA, I came with my mother to USA, at port of entry I said I want to help my mother adjust and also tour sites and visit places since I was not able to last time and then I applied for  change of status  after 4 months. Strongly, the reason that I applied is because I wanted to get a better job position in my home country (I work as a Real Estate/Construction firm manager and I chose Management Information Systems to get a better job or better position in the same firm.

 

I do so agree with the suspicion and the change of intent but I have in no way jeopardized my status and  I have visited all around States and cities, I have plenty of pictures and proof of my bonafide visitor intent but still, I believe they wont be easily convinced thats why Im here to get best possible advice on this.

 

It does seem a drastic switch and on top of that I've had 2 F1 rejections in the past in 2014. I believe my case seems very weak, Should I go back after even applying change of Status? Wouldn't if affect my case that I tried to change status in USA?just visiting and touring around.

 

I dont wanna jeopardize my application or chances of receiving F1 in future. Anyone can give me optimum advice? I am 25 years old and I have already spent 6 months in USA on my b1 visa. I don't think the Consul Visa officer will appreciate that.

 

Thanks in advance!

[pontevecchio]

What college have you applied to and what course? It is almost impossible to change status to F1 after entering on a B2 visa UNLESS you had already mentioned on entry that you might pursue studies during your visit and get a POTENTIAL STUDENT notification in your Passport. The 2 previous F1 rejections also do not help. I would suggest taking time and getting admitted to a known Institution and this will mean next fall at the earliest and you should return with a F1 visa at that time.

[anony872]

4 hours ago, pontevecchio said:

What college have you applied to and what course? It is almost impossible to change status to F1 after entering on a B2 visa UNLESS you had already mentioned on entry that you might pursue studies during your visit and get a POTENTIAL STUDENT notification in your Passport. The 2 previous F1 rejections also do not help. I would suggest taking time and getting admitted to a known Institution and this will mean next fall at the earliest and you should return with a F1 visa at that time.

Management Information Systems in Northern State University in South Dakota.

 

@pontevecchio I believe your information is incorrect, I have seen many cases where people have entered as tourists and changed status to F-1. Recently being few of my friends. If such thing was not possible, they would not allow change of status in the first place from visitor to student, it is not only for prospective students.

 

Right now, I need help with RFE, like any hints or how to show strong persuasiveness to get an approval. 

 

If they had decided not to approve it, they would have not send a RFE and would have rejected. USCIS is asking me to get a new SEVIS and financial documents, why bother with that, if they had eventually wanted to deny? I believe the case is more to the denial side but it can be overturned with proper documentation and declaration, right?

[pontevecchio]

I hope you understand the meaning of "almost impossible". My information is spot on. That is the way things work. Anecdotal evidence is not proof. The questions can only be answered by you. hence look at the University website and also consult the Admissions Office before replying.

When did you get admission to this school? When did you start the application process?

[neelpatel77]

hi applied for change of status from B1/B2 to F1 and i was approved for the b2 extension 

But i got a RFE on my B1/B2 to F1 for more evidence  and my B2 extension that was granted expires on 05/17/2020(which is next month)

now once i respond to the query it takes days but my status for B2 will expire so do i have to leave the country or i can file another extension for b2 until they don't reply on my query .

If any suggestions on what i can do would highly help me on this case. if any documents need to cross check please let me know.

Thank you

Edited April 4, 2020 by neelpatel77