COS from B1/B2 -> F1 Question

**kohokoho** · 11-09-2008, 02:46 AM

After arriving US on B2 visa and getting prospective student annotated in the I-94, say an applicant's I-539 for changing to F-1 is denied. If this happens and he returns to his home country and applies for a regular F-1 visa from there at some point in the future, does he have to declare that his previous attempt to get F-1 "status" while in the US was refused? Mind you, while in the US, it was an F-1 status request that was denied not a request for F-1 visa. The way I understand it is that a "status" (given inside US) is not the same as "visa" (given outside the US).

The reason I ask this is because a regular non-immigrant visa application form DS-156 Question 13 asks "have you ever been refused a US Visa?". It does not ask whether he/she has been refused any "status" change requests.

Any thoughts would be appreciated.

**Tino** · 11-10-2008, 06:27 PM

Did this happen to you? In my experience Change of Status from B to F is getting around 100% approval, as long as application meets requirements.

Tino

**kohokoho** · 11-10-2008, 10:18 PM

No, it has not happened to me. Just trying to weigh different scenarios here.

What do you think? Like I mentioned, a DS-156 (non-immigrant visa) form does not specifically ask if you had any status change request refused while in the US.

**Tino** · 11-11-2008, 01:37 AM

Then don't worry. I really don't know the answer. I guess that a declined change of status could impact a visa application, but I think the embassy will not know unless you tell them. But if you do not tell them, and they know, they will be upset... doesnt matter what the rule is. I am pretty sure of that.

But anyway, dont worry about that. I think COS is getting approved easily.

Tino

**kohokoho** · 11-16-2008, 05:46 AM

Tino,

Do you know if it is still a good idea these days to indicate at the POE that a visitor *might* be looking for some colleges in this trip for a possible future US study, in an attempt to get the officer to annotate "prospective student" in his I-94? The visitor's B1/B2 visa stamp in his passport has something else annotated (to attend a certain event not related to studying). Would it still be a good idea to let the POE officer know of his intent to possibly search (only) for college in this trip? Btw, a possible intent to search for colleges during this trip was not indicated to the visa consulars when obtaining the visa. Will the POE officer see this to be a problem?

**kohokoho** · 11-17-2008, 11:31 PM

Anyone have any thoughts on this? I'll appreciate it.

**Tino** · 11-18-2008, 12:53 AM

It is an OK idea. I never heard of anyone denied entry for that.

What is annotated in the B1/B2 visa? What does it say? Also, under "ENTRIES" does it say "M" or "1"?

Tino

**kohokoho** · 11-18-2008, 04:13 PM

It is a single entry B1/B2 visa and the annotation is "To attend xxxx conference".

**Tino** · 11-18-2008, 05:38 PM

Ah.... changes everything.

One, do not mention potential change of status (COS) at POE.
Two, you can apply to COS, but you will need:
A) Proof you attended conference and that it has ended. Probably literature from the conference is enough.
B) Something (letter?) from your employer, the one who sent you to the conference, that you are being "allowed" to leave you job... say for a leave of absense
C) Study plan.

Tino

**kohokoho** · 12-01-2008, 12:23 AM

Tino,

Thanks for your advices. He had a smooth entry at the POE and has a 6 months D/S. He should have no problems getting A) and C) ready, but I forgot to mention that he is only 16 years old and still enrolled in high school back home. He attended the conference here as part of a family invitation. Any ideas on how he could fulfill item B) that you have mentioned?

His desire would be to apply directly to colleges for the upcoming Spring '09 session, if possible, although he realizes he is very short on time.