Travel when extension and COS pending?

[Namitha Krishna]

Hi,

I came to US on H4 visa in march. H4 visa expired in june 2013 and Applied for extension of H4 in may 2013(before H4 expired). But extension application is still pending with USCIS.
I decided to join for MS in fall 2012 and hence applied for change of status from H4 to F1 in july 2013. COS application is also pending with USCIS.
I am planning to travel to India in december.
If my both applications are not approved by then, can i go to India and apply for F1 freshly from there and then reenter US.
Is there chance of F1 rejection considering my stay in US from june to december as out-of-status??
Kindly help.

[Nattybone]

Hi,

I came to US on H4 visa in march. H4 visa expired in june 2013 and Applied for extension of H4 in may 2013(before H4 expired). But extension application is still pending with USCIS.
I decided to join for MS in fall 2012 and hence applied for change of status from H4 to F1 in july 2013. COS application is also pending with USCIS.
I am planning to travel to India in december.
If my both applications are not approved by then, can i go to India and apply for F1 freshly from there and then reenter US.
Is there chance of F1 rejection considering my stay in US from june to december as out-of-status??
Kindly help.

Hello, Namitha.

While there is no guarantee on visa interview outcomes, if one has filed for a petition before the expiry, he / she is allowed to stay in the USA upto 240 days.

Sharing some information:
What if I file for an extension of stay on time but USCIS
doesn't make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status,
when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of
discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your extension of
nonimmigrant status request. Nevertheless, DHS may bring a
removal proceeding against you, even if you have an application for
extension of status pending.
Even though you are not actually in a lawful nonimmigrant status,
you do not accrue “unlawful presence” for purposes of inadmissibility
under section 212(a)(9)(B) of the Act, while your extension of
status application is pending if it was filed prior to the expiration of
your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your extension
application is pending if USCIS receives your application before
your Form I-94 expires, and you have not violated the terms of
your nonimmigrant status. You may be required to stop working,
immediately, when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.
If your application for an extension of stay is approved, the approval
will relate back to the date your Form I-94 expired, and your status
during the pendency of your application will then be considered to
have been lawful.
If your application is denied, you may be required to cease
employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is
void, you must submit any new visa application at a U.S. consulate
in your home country (not a third country, except in

Hope this helps.

Wishing you luck.

Cheers,