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Change of status from B2 to F1

Livermore, CA |


I am currently on B2 visa valid till March-15-2013, I have applied for change of status for F1 on Jan-21-2013 and am waitng for the decision from USCIS, my college starts from Apr-06-2013, So can I stay in USA legally till the decision from USCIS regardig F1 is decided?

Since there is a time gap between the B2 expire date and the school start date, Will this be an issues? My college start date is May-06-2013 and not Apr-06-2013.It was typo in the above question.

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Attorney answers 4


you can stay while you are awaiting the decision, however, if they deny the request, you must leave right away

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


Yes you can remain in the U.s. until you have a decision but you may not start school until yuo are approved.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law


I agree with my colleagues.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


If you do not get a response close to when the school starts, consult with an experienced immigration attorney regarding your options.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.