Hi, My H-1B expires on Dec 11. I plan to change my status to F-1 and have applied to a university. I might not receive the I-20 before Dec 11 and I will not be able to send the change of status application to the USCIS before Dec 11. Please let me know if it is ok if I send the application after Dec 11, 2012 with a difference of 2-3 days. Will I be considered out of status for those 2-3 days?
Your status expires when your I-94 expires. Once you are out of status, you cannot change status in the US, as technically you can’t change a status when you don’t have one. However, there are many cases where attorneys can submit affidavits and compelling reasons, to show that the 2-3 days out of status situation was unavoidable and beneficiary tried everything he/she could to be continuously in status. An immigration attorney will have tor review your case file, so a clear strategy can be laid out, and an adequate USCIS response be prepared. If you anticipate a longer delay, it would be an appropriate strategy to leave the US immediately, so that you don’t accrue any unlawful stay time. You can then apply for an F-1 visa at a Consulate in your home country.