Immigration Law Questions? Ask an Immigration Lawyer.
Let me explain the visa process a little: The visa is issued to give you permission to seek entry into the U.S. When you enter using the visa, the ICE issues an I-94, which is stamped or notated with your status which should match the visa type,and the number of days stay in the U.S. That I-94 is what determines your status and when that status expires. It is not the visa expiry. In fact a person can be legally in the us with an expired visa, as long as the I-94 is not expired. The reverse is also true, if the I-94 is expired, you have to leave even if the B1 visa is still valid, else you would be in an overstay status, and exposed to risk of penalties or bars to re-entering the U.S.
You can change status to any other status while in the U.S. provided your change of status, in this case to F-1 Visa, was submitted prior to the expiry of your B1 I-94.
If you apply for change of status to F-1, and get the new I-94's, you will not have to depart the country. On your next trip out of the U.S. you can get the F1 Visa/stamp on re-entering the U.S.
There is a possibility that you will not get the I-94's. This is because you can not legally enter the U.S. on a B-1/2 visa with the intention of attending school. If the USCIS in adjudicating your application, determines you violated the intention of the visa, then they are likely to not issue the I-94, and you will have to depart to your home country to get the visa and re-enter in status.
thank you for getting back to me.
When you apply for the F-1 change of status, you will not have an interview and will not be telling them anything other than the documents you send them and the forms you fill out.
This only becomes an issue when and if the USCIS does not provide the I-94 and you have to depart the country. For this reason, I recommend that you use a third party to complete your change of status. I can recommend some from which you can choose if you like.
If you do have to leave the country and end up talking to someone in an interview, then you need to be truthfull and show documents. You do not have to tell them you intended to go to school while on the B1, but that you were just checking out the school. (they will have already assumed intention).
Yes, the school counts as a third party.
The school has not violated the law. The violation is your "intention to enter the u.s. for purposes of attending school". The school has put you in the position of having that exposure. The risk is actually low that this will be an issue. BUT you need to be aware of it.
I do not like the approach because you need to be full time enrolled, and you are asking the school to do something marginal. It would be a lie, right?
Right now the best that your boyfriend can do is to come to the U.S. on visa waiver several times a year, or get a B1 visa, and come here back and forth for two or three trips a year. A visitor visa can allow him to remain here for up to six months,which can be extended while in country as long as his total stay does not exceed 1 year.
If he has a BS degree or higher or equivalent, he may be able to get accepted by an employer who will sponsor him in a work visa of some type. Depending on his degree he may be eligible for H-1B or O visa (masters or PHD)
He can also explore cultural exchange programs.
The H-1B may be oversubscribed, but if he works for a research organizatgion that is non-profit, he can still get an HN-1B visa.
He has to have a job offer to get a work visa.
With language skills he may be eligible for the seasonal work visas, but those are oversubscribed right now as well.
His best bet for an employment based visa is to try to find an employer now, and have the employer sponsor him this next April when the H-1B program will be opened up again.
Of course he can marry you in the Uk or your own country, and then you can bring him her as a family member of a student.
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