Issue with approval notice

[sathya1412]

My H4 visa expired on August 20,2013. At that time,my I539 petition to change my status to F1 visa was pending. Later on August 22,2013, I got an email that my petition is approved. I received I797A today with a validation from august 22. Should I be worried about August 21st,2013 where I did not have either H4 or F1? 

[jairichi]

You are fine. Do not worry.

[jairichi]

My H4 visa expired on August 20,2013. At that time,my I539 petition to change my status to F1 visa was pending. Later on August 22,2013, I got an email that my petition is approved. I received I797A today with a validation from august 22. Should I be worried about August 21st,2013 where I did not have either H4 or F1? 

And, you have to understand one thing. A visa is an entry document. Your legal stay in US is based on date in I94 document.

[sathya1412]

And, you have to understand one thing. A visa is an entry document. Your legal stay in US is based on date in I94 document.

My I94 also expired on Aug 20th. One more question,from the forum I got this info,

"A request to change or extend status is only considered properly filed if it is submitted while the individual is still in a valid nonimmigrant status. As explained above, this generally means that the person holds an unexpired I-94 and is complying with the requirements of the status indicated on that form. In most situations, if the individual's status subsequently expires while the request to change or extend status is pending, the foreign national falls out of nonimmigrant status, but remains in a period of authorized stay. This period of authorized stay continues until the USCIS issues a decision on the pending case. If the application or petition is approved with an extension or change of status, the decision has a retroactive effect, meaning that the period without status is cured."

 

Does that mean  my new I94 could be valid from august 21, the day after previous one expired?

[jairichi]

My I94 also expired on Aug 20th. One more question,from the forum I got this info,

"A request to change or extend status is only considered properly filed if it is submitted while the individual is still in a valid nonimmigrant status. As explained above, this generally means that the person holds an unexpired I-94 and is complying with the requirements of the status indicated on that form. In most situations, if the individual's status subsequently expires while the request to change or extend status is pending, the foreign national falls out of nonimmigrant status, but remains in a period of authorized stay. This period of authorized stay continues until the USCIS issues a decision on the pending case. If the application or petition is approved with an extension or change of status, the decision has a retroactive effect, meaning that the period without status is cured."

 

Does that mean  my new I94 could be valid from august 21, the day after previous one expired?

You are absolutely correct.

[sathya1412]

You are absolutely correct.

My school needs me to be on F1 right from first day of school ie Aug 21st for internships in next summer, and since my F1 status is valid only from aug 22, could i call upon USCIS to check if they can apply that retroactive effect on my previous I94 and make my F1 valid right from aug 21?? is it possible?

[jairichi]

My school needs me to be on F1 right from first day of school ie Aug 21st for internships in next summer, and since my F1 status is valid only from aug 22, could i call upon USCIS to check if they can apply that retroactive effect on my previous I94 and make my F1 valid right from aug 21?? is it possible?

Check with your DSO or international student office