You can have both applications pending at the same time. But you can only have one status. You should talk to an attorney to make sure the filings are done in a way to get you the status you want. Otherwise you might accidentally end up in the wrong status or find both applications denied.
*The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Neither NY, NJ or TN offer certification as an Immigration Specialist. You can call 901-682-6455 to schedule a consultation appointment with me or one of the other attorneys of the Siskind Susser law firm.
Only if your I-94 has not expired. If it has expired, the change of status will not be approved.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, 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.