My son is on F1, OPT grace period, has few days, still in status. Can he change status from F1 to B1 to stay and explore a business opportunity?

If your son has a legitimate business reason for staying in the U. S., he can ask for a change of status from F-1 to B-1 business visitor as long as the purpose of the business is short-term. After filing, it normally takes U.S.C.I.S. 3 months to reach the application for adjudication. Individuals who have made a timely request for change of status are considered to be legally in the U. S. until the time of adjudication. Supporting documents would be those papers that can explain or show what type of business opportunity it is, the length of time that it will take to conclude the business, proof of your son’s ability to support himself without having to work during the time that he is requesting, and of onwards transportation to the home country. Starting a business in partnership with a U. S. citizen could be problematical as that implies a longer-term of stay than contemplated under a B-2 visa status. If he chooses to start the partnership, he should show how the business will continue without his participation since he will be returning to the home country. If your son is refused, he could either choose to stay here without authority, attempt to gain some other type of status, or leave the country. To the question of whether it would be better for him to get a B-2 change of status, that is also a short-term visa status for which your son would need to explain the length of time that he is requesting and what he will be doing to fill up that time along with showing proof of ability to support himself and of onward transportation at the end of the requested time period. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.