B1/ B2 to F1 COS sugestions

[GPK2017]

Hi Experts

 

I think I am getting to ask more and more questions and once again thanks for the prompt and right guidance.

 

My fiance's brother is now visiting the US and he has an intent to study. He went to a couple of colleges and applied for i-20's  This he did after around three months of stay here. He is now close to his end of tenure. He got two i-20s for the next intake (i think Spring 2016). 

 

Now the question. he did try for F1 Visa in India but he got rejected. He only had one i-20. at that time. Not sure of the denial reaon. Now he got acceptance to two colleges and is expecting another 1.  He is contemplating between COS from B2 to F1 and going back to India for stamping. 

 

Your thoughts on what might be the best route

[jairichi]

Exit ane enter US with a valid F1 visa and supporting documents.

[JoeF]

He needs to make sure to get admission at a legitimate college, preferably a public university.

[GPK2017]

Thanks Jairichi.

 

Now he was influenced by someone that he can apply for COS staying here and then he can wait until the decision comes, so he wants to take that option as against exiting US and entering with F1 visa. now he is taking that route because he feels since he has previous denial at Indian consulate.I will still try to talk him out of it, but if he stays waiting for the COS and if it is denied,

1. how soon will he have to leave the country

2. will his stay affect his future B2 travel since he overstayed and or showed intent to COS.

3. alternately if I  could convince him to travel back, and if he gets a denial again, will that nullify his B2 visa also

 

Thanks in advance

[JoeF]

Thanks Jairichi.

 

Now he was influenced by someone that he can apply for COS staying here and then he can wait until the decision comes, so he wants to take that option as against exiting US and entering with F1 visa. now he is taking that route because he feels since he has previous denial at Indian consulate.I will still try to talk him out of it, but if he stays waiting for the COS and if it is denied,

1. how soon will he have to leave the country

2. will his stay affect his future B2 travel since he overstayed and or showed intent to COS.

3. alternately if I  could convince him to travel back, and if he gets a denial again, will that nullify his B2 visa also

 

Thanks in advance

 

Entering in one status with the intent to change to another status is immigration fraud.

Also, the COS would take several months. He can not enroll until it is approved.

[jairichi]

Thanks Jairichi.

Now he was influenced by someone that he can apply for COS staying here and then he can wait until the decision comes, so he wants to take that option as against exiting US and entering with F1 visa. now he is taking that route because he feels since he has previous denial at Indian consulate.I will still try to talk him out of it, but if he stays waiting for the COS and if it is denied,

1. how soon will he have to leave the country

2. will his stay affect his future B2 travel since he overstayed and or showed intent to COS.

3. alternately if I could convince him to travel back, and if he gets a denial again, will that nullify his B2 visa also

Thanks in advance

1. If COS is denied and his B2 I94 has expired by then his B2 visa is no longer valid.

2. Refer 1.

3. No, as long as leaves before I94 expiry.

Talk with an immigration attorney to understand the reason for his previous F1 visa denial.

[pontevecchio]

If he overstays the I94 his tourist visa is considered invalid. Since his I94 is going to expire before any possible classes no COS is tenable. He has to leave and apply for a known college for which the process will take up to an year. Tell him the F1 visa is invariably a function of the credibility of the college. Short cuts will bite him.

[Destinyluck]

Hi puneet

As you Mentioned that he got F1 denial in india,.

Which university i20 was he carrying at that time ??

Thanks

[GPK2017]

He has UTEP (University of Texas - El Paso.

 

Now he got I-20 from University of Central Missouri, hopefully this works.

 

Will keep you posted