URGENT: Pending I-539, I-94 about to expire

[farihanasir]

I am currently awaiting my change of status application decision, and was wondering if someone could possibly clarify a couple of questions for

 

Here are more details:

 

1.       My husband is a Pakistani citizen currently in the United States on F1 OPT permit status. The F1 Visa has expired but he has an EAD extension that is valid till Jan 2015.

 

2.       I came to visit him in Feb 2015 on a B-2 visa. At the airport upon arrival I was told by USCIS agents that I should apply for a change of status to F-2 while I was here. So we filed the i-539 with the relevant paperwork. The application was received 3 months ago by USCIS, and they sent a request for evidence about 3 weeks ago which we complied with immediately. 

 

3.       The application is still in process with USCIS with status: Request for Evidence Response Review.

 

4.       My I-94 expires on the 14th of August, and I have a ticket to Pakistan booked for the 11th.

 

My question is: 

 

Can, and should, I stay in the United States past my I-94 expiration date while my application for change of status is pending?

 

We have read that you do not accrue unlawful presence while your application is pending, but if your application is denied, you accrue unlawful presence retroactively from the date your I-94 expired (or from time of decision, in which case you have to leave immediately?)

 

If my application is denied, how much time will I have to leave the country? 

 

Any advice would be greatly appreciated. 

[jairichi]

Your interpretation is right. You have to leave the country immediately if your COS is denied