I’m currently In the US and need to change my visa status from a J1 to a F1, am I allowed to stay in the country with my visa expired while I’m pendin

Traditionally a person applying to change visa status from J-1 to F-1 in the US has been authorized to stay while the application is pending. That rule has been put in question by U.S.C.I.S. instructions that appear to indicate that all individuals and not just "B" visa holders (business or visitor visa holders) should maintain their legal nonimmigrant status until the time that U.S.C.I.S. adjudicates the change of status application. The new instruction appears puzzling for a number of reasons, including for a situation like yours in which you would likely not be able to extend your J-1 status past a period of time.  It leads to nonsensical results in which the ability to change status is dependent upon U.S.C.I.S.'s speed in adjudicating the application or if the individual has a valid reason to extend stay in the US while awaiting adjudication of the change of status application. Also U.S.C.I.S. requires the payment of an additional fee for extension application which is only caused by its nonsensical instruction. One can only hope that this instruction is clarified to only pertain to "B" visa holders instead of individuals like you. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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.