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Can I stay with an expired I-94 while waiting for a change of status from b2 to f1?

Chicago, IL |

Ive been here in the US for 3 months now, I still have 3 more months of legal stay so I'm gonna be expiring on April. This is my 2nd time visiting the US. I didn't mention to the port of entry that I am going to see some schools or planning to change my status eventually because it wasn't really the plan so I don't have the Prospective Student annotation. But then I've decided now to have a COS from B2 to F1. I am planning to file a COS a month before I expire and will it be fine if I stay here while waiting for the results even if my I-94 expires? Am I more likely get disapproved? I'm scared that because I dont have the annotation and I have 4months gap from the expiry date from the start of semester they might disapprove my application. Its gonna be a waste of time and money. PLS help!

Attorney Answers 3


  1. You are allowed to remain in the U.S. for the duration of your application for change of status, as long as you file the application while in status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Only if the change of status was timely filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. You can remain in the US if the application was timely the application.

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