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From Visitor to Student: B-2 to F-1 Change of Status Approved, Filed Before His I-94 Expired

By Clarvo Legal · October 28, 2026

He came to the United States as a visitor, was accepted into a U.S. bachelor’s program, and wanted to start his studies without leaving the country. We filed his change of status from B-2 to F-1 with premium processing 30 days before his I-94 expired, which allowed him to remain lawfully in the U.S. while the case was pending. After a Request for Evidence on his SEVIS fee, class schedule and visit, USCIS approved the change of status on July 9, 2026, valid for the duration of his studies. Here is why the timing mattered and the full timeline.

Form I-797A approval notice for a change of status to F-1, personal details redacted
The approval notice: change of status to F-1, valid for the duration of his studies, with Mahmudul Hasan of Hasan Legal PC as attorney of record (highlighted). Personal details are redacted.

On July 9, 2026, USCIS approved a change of status from B-2 visitor to F-1 student for a young professional who had come to the United States to visit, and decided to stay and study. The application went in 30 days before his authorized stay was set to end, and that timing is what kept his plans on track.

30 days
Before his I-94 expired, when we filed
1 RFE
Answered in full
52 days
From filing to approval
D/S
Duration of status: valid for his entire program

A visit that became a plan to study

He arrived in the United States as a visitor in December 2025, with permission to stay until mid-June 2026. During his visit, he was accepted into a bachelor’s program in business at a U.S. university, and his school issued him a Form I-20 for a change of status.

He did not want to go home and start the student visa process from scratch. A change of status lets a visitor become a student without leaving the country, but only if the application is filed while the visitor’s status is still valid.

Why the timing mattered

His I-94 was set to expire on June 17, 2026. If that date had passed before we filed, a change of status would no longer have been possible, and he would have had to leave the U.S. to apply for a student visa abroad.

Filed in time, protected while pending
A timely filed change of status lets the applicant remain in the U.S. while USCIS decides, even after the original I-94 date passes.
I-94 date passes · Jun 17
Filed · May 18
Approved · Jul 9
Visiting in B-2 status (from Dec 18, 2025)Change of status pending, authorized to remain

We filed on May 18, 2026, with premium processing, while his visitor status was still valid. Because the application was filed in time, he could lawfully remain in the U.S. after June 17 while USCIS made its decision. He also understood that he could not begin classes until the change of status was approved.

Building the application

  • Eligibility as a student. His Form I-20 from a SEVP-certified school and proof of the SEVIS fee.
  • Proof he could pay for his studies. His personal bank statements, plus his family sponsor’s financial records, tax documents and a letter of support.
  • Strong ties to his home country. National identification, tax records, property ownership and valuation documents, and utility bills at his home address.
  • A clean status record. His I-94 and passport, with a clear statement that he had maintained his status and had not worked.

The Request for Evidence

Nine days after filing, USCIS issued a Request for Evidence asking for three things:

1SEVIS fee confirmationUSCIS’s system had not confirmed his I-901 SEVIS fee payment, a requirement for every F-1 student.
2His program of studyA registrar’s letter, the school’s program details, his day-by-day class schedule, and how many of his classes would be on campus, online or hybrid, since F-1 students are limited in how much study can be online.
3His time as a visitorWhere he had stayed and what he had done since arriving, with documents to show his visit had been consistent with B-2 status.

We gathered every item the officer requested and submitted the complete response together, as the regulations require. USCIS approved the change of status on July 9, 2026.

The timeline

  1. December 18, 2025Arrives as a visitorHe enters the United States in B-2 visitor status, admitted until June 17, 2026.
  2. Spring 2026Accepted to a U.S. universityHe is admitted to a bachelor’s program in business and receives a Form I-20 for a change of status.
  3. May 18, 2026Change of status filedForm I-539 to change from B-2 to F-1, with premium processing, proof of funds, and evidence of strong ties to his home country. Filed 30 days before his I-94 date.
  4. May 27, 2026Request for EvidenceUSCIS asks for SEVIS fee confirmation, details of his program and class schedule, and documentation of his stay as a visitor.
  5. June 17, 2026His original I-94 date passesBecause the application was filed in time, he remains in the U.S. in a period of authorized stay while it is pending.
  6. July 9, 2026ApprovedUSCIS approves the change of status to F-1, valid for the duration of his studies.

What made the difference

  • Filing before the I-94 date. Filing while his visitor status was still valid made the change of status possible, and protected his stay while the case was pending.
  • Premium processing. A faster decision mattered with a program start date approaching.
  • A complete, organized response. Every item in the RFE was addressed with documentation, in one submission.
  • Honest, consistent evidence. His funds, ties and activities as a visitor all told the same, credible story.

Visiting the U.S. and thinking about studying here?

In many cases, a visitor can change to F-1 student status without leaving the United States, but the application must be filed before the I-94 date, and the evidence must be strong. If you are in this situation, talk to an attorney as early as possible. Days matter.

Congratulations to our client as he starts his studies.

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