Jazzy

Hey guys,
I am on an H4 visa, but I turn 21 on September 23rd. I was hoping to
change my H4 visa to an F1 visa and therefore need to file the I539
once I get my I20. I hear I can legally stay here as long as I've filed
for my I539, but therein lies the problem. I only have about 44 days
and it suggests to apply 45 days before my I-94 expires. So my question
is am I automatically able to legally stay here once I apply for the
I539 or do I need a receipt from INS? If I do need a receipt how long
does it take and what other alternatives do I have so as to legally
stay in the US?

J. J. Farrell

jazzy wrote:
    > I am on an H4 visa, but I turn 21 on September 23rd. I was hoping to
    > change my H4 visa to an F1 visa and therefore need to file the I539
    > once I get my I20. I hear I can legally stay here as long as I've filed
    > for my I539, but therein lies the problem. I only have about 44 days
    > and it suggests to apply 45 days before my I-94 expires. So my question
    > is am I automatically able to legally stay here once I apply for the
    > I539 or do I need a receipt from INS? If I do need a receipt how long
    > does it take and what other alternatives do I have so as to legally
    > stay in the US?

As long as you have filed a complete and non-frivolous I-539 before the
date on your current I-94, then you remain in status until the
application is adjudicated.

"Filed" is typically taken to mean that it has been received by the
appropriate USCIS office. The best proof of filing is the USCIS
receipt, but it's common to use the delivery receipt from an outfit
like FedEx as proof of filing.

"Complete" means that you have filled all the required forms fully and
correctly, paid the fees, and so on.

"Non-frivolous" means that you can reasonably expect the application to
be granted.