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Results 1 to 6 of 6

Thread: Unlawful presence during change of status processing?

  1. #1
    Guest
    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. #2
    Guest
    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?

  3. #3
    Guest
    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!

  4. #4
    Guest
    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?

  5. #5
    Guest
    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.

  6. #6
    Guest
    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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