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Unlawful presence during change of status processing?

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  • Unlawful presence during change of status processing?

    Changing from B2 to F1, application filed before expiration of I-94, still pending with INS, I-94 now expired. Is the entire time persiod during which application is pending with INS considered legal/authorized stay or is it illegal?

  • #2
    Changing from B2 to F1, application filed before expiration of I-94, still pending with INS, I-94 now expired. Is the entire time persiod during which application is pending with INS considered legal/authorized stay or is it illegal?

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    • #3
      If they approve the COS application, you're okay - no illegal presence results whatsoever. If they deny it you'll be considered out-of-status from the point in time your I-94 has expired. Good Luck!

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      • #4
        Boi, I heard these applications are not allowed to be approved any more - one should get the F-1 visa in one's home country, isn't that so?

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        • #5
          Yes, it is so. You can change from B1 to F1 only if you claim that you intend to study here when you enter in the US.

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          • #6
            Thanks for the replies. I had heard there was a 120 day "tolling" period after expiry of I-94 during which unlawful presence countdown did not occur (it would start on the 121st day)? Can anyone give more info on that please?

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