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Immigration Issues/COS from B1 to F1 , I-94 expiring

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Question
Sir,
I came to US on april 2 ,'07 with the intent to change to H4 and study as my husband had applied for H1 '07 but unfortunately ididn't go thru the lottery. Then I applied to unversities and got I-20 for the fall semester and applied for COS from B1 to F1 on July9th. Receipt received.
my question is that my I-94 expires on Sept 30th'07 , what if my reply does not come till then from USCIS shouls I stay past my i-94 expiration date or should I wait till my decesion comes from USCIS even if it is after my I-94 expiration . Will I be "in status"
kindly reply as i am very confused and how long does it takes for the USCIS to process your Application once you have received a receipt.
Thankyou.

Answer
Dear Tarika:
You applied for a change of status while continuing to maintain your B-2 nonimmigrant status so you are considered to be in status until a decision is made on your case. However if it is past Sept 30th then you will considered out of status after this date ONLY if your F-1 application is denied.

Sincerely,

Ramasamy Krishnan
Attorney at Law
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

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, www.ashleykrishnan.com

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