Immigrant related Frequently Asked Questions 

This questions basically refers to what is referred to as Change of Status from the B-1 to the F-1 Category under the Immigration Laws. 

According to Section 248.1 of the INA, any alien lawfully admitted to the US as a nonimmigrant who continues to maintain his nonimmigrant status may apply to have his status changed to that of another nonimmigrant status. INA, Section 248.1(a). 

The criteria for a change of nonimmigrant status are as follows:
a. File a timely application for change of nonimmigrant status, 
b. Maintain current B-1 visitor status, 
c. Has not otherwise violated his nonimmigrant status, 
d. Is not subject to removal proceedings and 
e. Continues to preserve his nonimmigrant intent 
    If an alien meets the above criteria, they are eligible for change from B-1 to F-1 nonimmigrant    
    status according to INA Section 248.1(b), and should file a Form I-539 along with the 
    necessary supporting documentation.

The alien must also not be a member of any of the ineligible classes of INA Section 248.2. The ineligible aliens for a change of nonimmigrant status are as follows:
a. An alien admitted for immediate transit purposes
b. An alien crewmember admitted to land temporarily in his capacity as crewmember
c. An alien fiancé
d. An alien present in the US for the purposes of providing information for a criminal investigation 
    or prosecution
e. An alien admitted as a nonimmigrant visitor without a visa
f. An alien subject to the two-year foreign residency requirement and has not received a waiver for 
    that requirement
g. An alien who acquired nonimmigrant classification in order to receive a graduate medical 
    education or training

If the alien is not a member of the above-enumerated classes of non- immigrants, he or she is eligible to change status from B-1 to F-1 categories.