Will a pending application mean I am still 'in status'?

What is the name of your state? NJ

Hi everyone. I would just like to clear out something here.

This is the situation. I came here last May and was given six months to stay. (that would be from May to November) I applied for an extension of stay by October and I got the approval last January. Now, I know that since I was approved to stay, I did not fall into the 'out of status category and my stay is still legal.

But what if my application for extension was denied? Does this mean that I would have been out of status since December (because my stay should have been until November only)?

There is some confusion going on around about the above matter and I just want to clear it up. Some would say that since the application was still not approved but is also not denied, the person applying is still 'in status' though he/she is beyond the time allowed on his/her original I-94 is this true?

And how about applying for a student visa? If I am allowed to stay until the last day of april but I will be only be able to submit the application for a change to an F1 visa, will I be 'out of status' if april has passed by but no decision has been made regarding my application?

I just really want to know, if I have a pending application for a change from b1 to f1 visa and my stay expires (as stated on the I-94), will I be ' in' or 'out' of status during the time that the application is pending.?


i hope for your reply again.

I am NOT an attorney

I assume you came on a B1 visa/tourist visa?

When you apply for an extension, they send you a notice to wait and then later on a confirmation.

If they approve you are ok to stay.
If they deny, you can leave immediately, or appeal with whatever proof of documentation they request.

Normally they give you a certain amount of time for your to leave without any penalty, but if you opt for not leaving, than you end up out of status since the denied date.

Student visa information at:

http://uscis.gov/graphics/howdoi/academic.htm

http://uscis.gov/graphics/services/tempbenefits/StudVisas.htm


***There is some confusion going on around about the above matter and I just want to clear it up. Some would say that since the application was still not approved but is also not denied, the person applying is still 'in status' though he/she is beyond the time allowed on his/her original I-94 is this true?***

Yes, that is true. You are "in status" until you get the final approval/denial.

As long as you have sent your forms to US Goverment by registered mail/return receipt, until you receive an approval/denial you are in accordance with the law.

best of luck