QUESTION

I applied for change of status in April 2022 and my current B2 visa expires in September. Does my application covers extension of stay?

Asked on Sep 22nd, 2022 on Immigration - Florida
More details to this question:
I applied for change of status from B2 to F1 VISA in April 2022 and my current I-94 expires in September. Since my application i have not received a response from USCIS. I have not applied for extension of stay. Does my application covers extension of stay? i'm I suppose the repeat form 1-539 - Application for extension of stay before my I-94 expires or does my application payment of $450 covers extensions of stay?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As you timely applied for a change of status to F-1 student, you are allowed to remain in the US while awaiting a decision on the change of status request. USCIS last year changed its policy which had previously required B-2 individuals applying for change of status to student to keep maintaining B-2 status and keep filing extension requests until the change of status was adjudicated. Please note, however, that other rules still apply that you cannot become a student until USCIS approves the change, and you are not allowed to work in the US during the pendency of the request. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 19th, 2022 at 8:05 AM

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