Q: I am on B2 visa which expires on 7/28 shall i have applied for extention of the status to F1 and send i-539a. Shall I s
shall I send separate I-539 for extention of my B2 visa or i can wait legally on pending status until I receive change of status decision from USCIS?
A: You need to file a separate extension of the B2 as well. Relying solely on the I-539 seeking change of status to F-1 can result in problems because F-1 status can only be granted beginning thirty days prior to your program start date. If 30 days before the program start date is after your B2 status ends, USCIS will consider there to be a gap between your B2 and F1 statuses, and will deny the change to F1. This is a common mistake, but it can usually be avoided by filing the extension of B2 status in addition to the change of status to F-1.
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