QUESTION

My H-1 expires by the end of October. If I apply for change of status to F-1 by then, can I legally stay in US pending decision?

Asked on Aug 22nd, 2016 on Immigration - Michigan
More details to this question:
If my change of status application gets denied, do I have a grace period to leave country? In the above scenario, suppose the the current visa is a tourist visa, would the answer be the same?
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1 ANSWER

You would be al to remain in the United States pending adjudication of your request to change status assuming the request is filed prior to the termination of your H-1B status. You could not begin your studies until the request is approved. There  is no grace period. You will begin accruing unlawful presence immediately upon denial of your request to change status. You need to depart the country ASAP under such circumstances. The answer is the same regardless of the nonimmigrant status you currently possess. 
Answered on Aug 22nd, 2016 at 2:18 PM

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