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CKashif

I-94 Expired last year, can I apply for Change of status now?

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My I-94 got expired on 09/09/2019 with H1B 3 years period. My H1 extension application is under adjudication with RFE. I wanted to switch to F1 status to avoid any anticipated H1 decline. Can I apply for Chang of status to F1 with expired I-94?

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4 hours ago, CKashif said:

My I-94 got expired on 09/09/2019 with H1B 3 years period. My H1 extension application is under adjudication with RFE. I wanted to switch to F1 status to avoid any anticipated H1 decline. Can I apply for Chang of status to F1 with expired I-94?

Applying at a college takes several months. You can't just "switch to F1."

 

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13 hours ago, CKashif said:

My I-94 got expired on 09/09/2019 with H1B 3 years period. My H1 extension application is under adjudication with RFE. I wanted to switch to F1 status to avoid any anticipated H1 decline. Can I apply for Chang of status to F1 with expired I-94?

No.

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One in this situation can file a change-of-status. 

However, the normal result would be a Request for Evidence from USCIS requesting proof that the H1B extension was actually approved to "fill in the gap" in status after the expiration of the I-94. 

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