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

Asked over 1 year ago - 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. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Christian Schmidt

    Contributor Level 19

    1

    Lawyer agrees

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

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