Skip to main content

Can I change my F-1 Status to B-1/B-2 after graduating college?

Morgantown, WV |

- I am currently here on an expired F-1 Student visa and an up-to-date I-20 until the end of December 2013 (my I-20, or student status is what is keeping me legally in the US)


-I have already applied for an extension of stay for my student status (it was going to end in August and the stay was extended to December, as seen on my I-20)


- I plan to apply to graduate schools in early November. My purpose of staying two months after on a B-1/B-2 visa would be to hear from prospective schools when I submit GMAT scores and apply. Packing, leaving and coming back only to unpack again would be costly.


- I would not need a job while here as I can provide proof of financial support.


-My B-1/B-2 visa doesn't expire until 2017 if that helps any.


-Thank you for taking the time to read!

+ Read More

Attorney answers 3

Posted

What did your foreign student adviser have to say?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

He said that it is possible to change from B1/B2 to F1, but the other way around seems unclear. This is why I'm actually looking more into it independently.

F. J. Capriotti III

F. J. Capriotti III

Posted

Your adviser said it was unclear as to whether or not you could go from F to B?

Asker

Posted

No sir, to me it seems unclear. My foreign student adviser said it wasn't possible. Something about voiding my status. I don't understand what he meant by that so I looked up online "F-1 to B-1/B-2 status" and found answers from another university website making it seem it was possible. I just want to make sure I fully understand the reason as to why I can or can't change my status. Below is the link that made me want to ask the question on Avvo. http://iss.washington.edu/procedures/change-status/f-1-to-b-1-b-2 Since we've been corresponding through comments, I never got to say it but, thank you very much for helping answer my question.

Asker

Posted

p.s. - I recently mentioned it on another lawyer's answer but I have also looked into the option of applying for Optional Practical Training. If I find a job or internship for after I graduate, that would be the the best option. The reason I asked my question on Avvo was to see if the option of a status change is possible as a back up plan of some sort. I still look forward to your reply and thanks again!

F. J. Capriotti III

F. J. Capriotti III

Posted

I think you need to split-up the information into 'bite sized' pieces. Is it possible, in theory, to go from F to B to F? Yes, in THEORY it is possible. But, will the student/tourist/student get approved? In reality, probably not. Why not? First, the person must provide: -- Evidence of financial support -- Detailed letter. Why are you requesting the change of status? What arrangements have you made to depart the U.S.? The last part will be the most difficult ... you don't intend to depart, you're just trying to use a tourist visa to 'buy' time ... an inappropriate use of the B visa. Thus, perhaps instead of saying it isn't 'possible' your adviser could have said that it isn't practical, or isn't advisable. You should consider talking to an attorney in private, to sort out all these multiple hypothetical scenarios.

Asker

Posted

I see what you mean. I never thought of the status changing as inappropriate use of my B visa but now I can see how DHS or USCIS could see it as such. I will look into finding an immigration lawyer nearby for further help on other hypothetical scenarios. Thank you very much for taking time in explaining things to me. Grazie mille!

F. J. Capriotti III

F. J. Capriotti III

Posted

You are welcome. Keep in mind that there is no need to find a 'local' lawyer who is 'nearby' ... most of us use Skype.

Posted

Highly unlikely.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Thank you for the reply. Does that mean I would have to leave the country and enter back with my B-1/B-2 visa? Is there no possible form I can apply with for a change of status?

Posted

You might consider talking to your DSO and seeing if you're eligible for post-completion optional practical training when you graduate in December. That could extend your F-1 status up until such time as you are ready to start grad school. At that point, you could apply for a change of academic program and/or a transfer and get your I-20 extended again to attend graduate school. So you just stay in F-1 status the whole time and don't change to B-1/B-2 status. You would have to find a job or internship and work during the period between your graduation and your start of grad school. But if what you're trying to do is to bridge the gap between the two events so you don't have to leave, this might be simpler. One problem with your proposal is that it will not be that easy for you to change status from B-1/B-2 back to F-1 when it's time for you to start grad school. You won't be able to start grad school until the change of status is actually approved and changes of status can take forever.

I would discuss your issues with both your DSO and a good immigration lawyer.

Christina Murdoch
Attorney
Scott D. Pollock & Associates, P.C.
105 W. Madison St., Suite 2200
Chicago, IL 60602
(312) 444-1940
(312) 444-1950 (fax)
cmurdoch@lawfirm1.com
www.lawfirm1.com
"Like" us on Facebook: www.facebook.com/sdpollock
Follow us on Twitter: http://twitter.com/sdpollock

Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.
http://www.lawfirm1.com/?page_id=187 (personal profile)

Asker

Posted

Thank you very much for your detailed reply. Before asking my question on Avvo, I had already been looking into jobs that accept OPT students. Most jobs found on my university's career services page as well as places like glassdoor.com or indeed.com seem to be looking for Masters graduates, or are related to careers not in my major. It was actually one of the reasons why I thought about a status change. The school's foreign adviser said I can apply for OPT before December so I will be applying in October after my GMAT test. I also realized that looking now may be a bit too early. I might wait a month or two and attempt the search again. Thanks again for replying to my question!

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer