Question:

Can i still stay and wait for the decision of my application for student visa fter my I-94 expires?

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i applied for student visa and i was wondering if i cud stay and wait for the decision even after my I-94 expires?

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  1. yes you can, when you apply for any kind of adjustment of status, you're on a "pending application" status and you must stay in the US until they give you the final decision, if you leave the case is considered abandonded, so the I-94 doesn't count anymore.


  2. Do you mean that you applied for a change of status from one nonimmigrant classification to F-1 (student)? You cannot receive a U.S. visa inside the U.S. so when you said you applied for a student visa, I'm thinking you meant that you applied for a change of status.

    You can wait for a decision on your application, but you cannot start school until your application is approved. If you leave the U.S., you will need an F-1 visa issued outside the U.S. in order to re-enter.

  3. I am assuming you mean that you filed Form I-539 with the USCIS. If this is the case then if you receive your notice of receipt before your I-94 expires, then you can remain, legally, in the U.S. until a decision is reached about your case.

    If this circumstance, you would be considered to be in a "pending" status and therefore legal  and permitted to remain in the U.S. However if your request for a change of status is denied, you will have no grace period in which to leave the country, you will start accumulating unlawful presence from the day you are denied.

    If you do not receive your notice of receipt a few days before your I-94 expires, then I would start making travel arrangements to depart the country, because once again, without a pending status and a valid I-94, you start accumulating unlawful presence and have been considered to have overstayed.

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