I539 Change of Status

[Florida2014]

That's not what the Immigration website states (I posted it above).

[bentlebee]

USCIS and border control go by valid I-94 dates and not by the date of a visa. Even if the visa expires on (just an example) 10/31/2015 but the I-94 expires on 3/15/2016 than the person is still legally here if they stay until 3/15/16.

Not everyone is aware of that and at the DMV you often have to explain it and tell them to go by the date on the I-94 or have them contact USCIS and than they will use the I-94 date.

We had no clue either until this was explained by a border control supervisor and later USCIS confirmed it but it seems lots of people are unaware of that and we also thought it was the visa dates that counted.

Btw personally I think it is confusing and very weird that I-94 seems to be more important than the actual visa.

[Florida2014]

Thanks, good information.

But what sort of "proof" would someone need who files for a change of status and then their Visa and/or I-94 expires to show that they've submitted the change of status request?

[bentlebee]

Originally Posted by Florida2014

Thanks, good information.

But what sort of "proof" would someone need who files for a change of status and then their Visa and/or I-94 expires to show that they've submitted the change of status request?

You probably have to ask an immigration lawyer or call USCIS and ask them. Not every change of status has the same requirements as it depends what type of visa you had and what relationship the petitioner has to applicant.

[Florida2014]

Yeah, we decided to have her meet with a local immigration attorney next week. Better safe than sorry.