Legal Question in Immigration Law in Georgia

Expiration of I-94

I am on a B2 visa right now in the US with an I-94 expiring on 12/14/06. I'm about to apply for a change of status to F1 visa. If I receive a receipt letter from the INS before my I-94 expires, can I use that letter to prove that I'm not overstaying in the US even if my I-94 expired already, while I'm waiting for the result of my visa? Will I have a record of overstaying in the US if my application gets denied and I go back home before the specified time indicated in the result of my application? Or this will not be considered as an overstay since I have proof that I have a pending case with the USCIS?


Asked on 11/30/06, 10:33 am

1 Answer from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

Re: Expiration of I-94

As long as you file prior to the expiration of the I-94, you will not have overstayed. If the F-1 is denied you are to leave by the time indicated on the denial.

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Answered on 11/30/06, 3:15 pm


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