Whether to leave or not?

Question

Hi, my friend has submitted I-539 to change status in US several weeks ago. Before that, he also applied to extend his I-94 because he wants to be in a legal status. Now he has a question, if his I-94 extension is denied, and his change status application is pending, Must he leave US or he can wait for the result of his change status application? If his I-94 extension is approved, and he keep the receipt, can he stay in US until his knows the decision of the application to change status? Thanks a lot!

Answer 1

I assume he's trying to get an F-1 to attend school and that's why he filed the I-539.  If this is the case he should ask his international student adviser who will have more experience with this.

Normally, you are allowed to stay until you get an answer on the change of status request.

Answer 2

If he's turned down for the extension of status, his ability to remain in the US while he's trying to change status will be a problem. He won't be able to change from one nonimmigrant status to another once he's out of status. If that happens, he'll have to go back home and get the proper visa to return.

Answer 3

Yak Rider is right