QUESTION

If extension expires, is it ok to stay in the US awaiting for USCIS decision to grant an F1 visa?

Asked on Feb 28th, 2011 on Immigration - Tennessee
More details to this question:
If my extension as tourist in US expires in May and I submit school's requirement for me to study by fall, do I still need to leave the country and just go back by fall? Or is it ok to stay here until the decision from the USCIS comes?
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2 ANSWERS

William C. Gosnell
Submit another extension of the tourist visa until the fall.
Answered on Mar 02nd, 2011 at 3:31 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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In order for you to remain while the case is pending, you must have some underlying status. So if your B-2 expires before the date you request for your F-1, then you are not allowed to remain here and really need to leave by the date on your I-94 card.
Answered on Mar 02nd, 2011 at 3:31 PM

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