Legal Question in Immigration Law in Illinois

Hi, I am an Indian, currently i am in the US on a 10 year multiple entry b1/b2 visa. I plan to study Masters here. I came across some forums where the applicant applied in a small school for a diploma course and applied for the change of status, and later after completing the diploma course which was for a year applied for a masters, my question is does the type of school and course affect in the decision making of the USCIS?
My i-94 expires in the first week of December 2010, and the spring semester starts in January. I did not apply in any of the universities yet, and i understand that it will take at-least a month to get an i20. If i manage to get an i20 by October, when should i apply for the change of status? i read on the USCIS website we should not apply for the change of status more then 30 days from the start of the course. but the semester will start in January, I also read on the USCIS website that we must apply before 60 days from the expiration of the i-94. I am very confused now, please tell me right time for me to apply for the change of status.
Thank you.

Asked on 8/24/10, 7:55 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

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Yes, everything (including type of school, program, your already achieved level of education, etc) can be taken into consideration by the USCIS when applying for a chnage of status from B2 to F1/Student.

Currently, it takes approximately 2.5-3 months for a change status to be processed (approved or denied). For a case-specific legal advice, I suggest, you consult a knowledgeable immigration attorney.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at [email protected] and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

Answered on 8/29/10, 9:57 pm

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