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Immigration Issues/Pending F2 application with USCIS


Dear Ramasamy Krishan,
I understand that my question could be outside of your expertise, but your opinion and suggestions would be highly appreciated. I am in a strange situation. On November 5, 2007 I filed the I-539
application with USCIS requesting to change my status from F1 to F2 as I
couldn't attend the school with my newborn baby. I received the recepit
from USCIS and my case is currently pending. But recently I found out
that I should maintain F1 status until my F2 application is approved. The
problem is it that after filing F2 application my I-20 expired and I
overstayed the 60 days grace period too awating for my F2 application
approval because I simply didn't know I should have attended the classes
while my F2 application is pending. Am I out of status now? What should
I do in this situation? Should I apply for reinstatement of my F1
status? Or should I wait for the decision on my F2 application? Please advise.. Thank you


If you had filed for your F-2 status while in valid F-1 status then you should be fine. You are currently in authorized period of stay while your COS application is pending and you should wait for the decision.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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