Can I stay after my H4 visa expires at US while my F1 application in process.

[superg]

My H4 visa is getting expire next month and I have applied F1 visa as I have got admission at University from fall quarter 2013. I have not applied H4 extension because I have applied F1 visa in April 2013. But my F1 visa has not come yet, so can i stay at US legally if my H4 visa expires next month and I don't receive my F1 till next month? 

 

Is it necessary to apply H4 extension while my F1 visa is already in process? 

[livliv]

If the change of status application is pending, you are allowed to stay in the US. You should not apply for H4 extension of status.

[superg]

Yes, the COS is pending but my H4 visa is getting expire on july.

 

My question is, can I stay at US legally if I dont receive my F1 visa after my H4 visa gets expire? 

[livliv]

Yes.

[JoeF]

First, you need to understand the difference between visa and status.

A visa is an entry document. While in the US, you have a status.

This is a change of status, and you are legal while a COS is pending, regardless if the old status expired.

[superg]

How many days immigration will allow me to stay at US if my F1 visa gets rejected and I am out of my H4 status.

[pontevecchio]

You need to be in valid H4 status at least 30 days before the classes start. COs only protects you if you are going to be in status at the time the status changes.

[livliv]

If change of status is denied and if your H4 status has ended, you will have to leave immediately.

[ss13]

You need to be in valid H4 status at least 30 days before the classes start. COs only protects you if you are going to be in status at the time the status changes.

My class starts in Jan 2014 while H4 expires in October 2013. If I register for the course now and apply COS to F1. Will it be fine?