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?

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?

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!

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?

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.

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?