Legal Question in Immigration Law in New York

Whenever a person applies for a change of status while still in a valid status, it means that they are going to wait for the decision in USA. If you plan to depart the USA, you'll need to apply for a F-1 visa at the US Consulate in your home country.

I assume that you didn't come as a visitor on a visa waiver program, but had an actual visa.

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Yes, it is important to remain in status once your visa expires you become illegal.

However, since you have already submitted a petition for a change of status you should contact USCIS and provide them with your reference number.

USCIS will be able to advise you as to whether you should stay or go home. Once you have received their guidance, which will be based on your filing information, you will know whether you should stay or go home.

Patricia Martin-Gibbons