Change of status to F1.

[poojasri]

Hey,
My sister's H4 visa is valid till 28th sept 2008. Her I-94 is also valid till 28th sept 2008.she has applied for change of status from H4 to F1 visa through a school recently, which is under process. My Q is ...

1.If she gets the F1 approval what is the procedure to get a new I-94?

2.will the USCIS send her a new I-94 along with the approval?

3. the process of change of status may take time, if it takes more time than her I-94 validity date, then what should she do?
your reply will be appreciated. thank you.

[PraetorianXI]

1.- They send her a new one.

2.- See above.

3.- Her "status" will not be ruled by a "set date"... the I-94 will say Authorized Stay until "D/S" which means "Duration of Status"... so basically, for as long as she remains as a student (in status), she is allowed to stay in the country.

[txh1b]

3. If her H4 I-94 expires while her F1 COS is pending, she can remain in the US on "period of Authorized stay by Attorney General" until an action is taken on the petition. This is valid when a non-frivolous COS petition was filed before the current I-94 expired.

[poojasri]

Thanks a lot Praetorian and Txh1b....

txh1b i appreciate your answer to my 3rd Q.
"period of Authorized stay by Attorney General"???? what does this mean txh1b? she has to get any authorisation for her stay during that period? Thank you.

[txh1b]

No special authorization. That is the name for stay on a pending petition. It is not a status but a psuedo-status like thing.

[poojasri]

3. If her H4 I-94 expires while her F1 COS is pending, she can remain in the US on "period of Authorized stay by Attorney General" until an action is taken on the petition. This is valid when a non-frivolous COS petition was filed before the current I-94 expired.

Thanks txh1b,
Her school start date on her I-20 is 14 oct 2008, her H4 I-94 is valid till 28th sept 2008, If the USCIS donot send her a new I-94 along with the approval of her change of status before 28th sept 2008, will that be a problem of status between 28 sept 2008 and 14 oct 2008? or is ok as long as her application is pending with the USCIS? Thanks a lot...

[txh1b]

You have been told it is okay.