Hi,

I have applied for I539 application (to change from b1 to F1) on April 11th 2009, and until now I haven't received any response from USCIS (my case is still pending). The thing is my I-94 expires on Jul 26th 09. I know that I can stay legally until USCIS get back to me, but I don't want to risk it by staying after that date, because if I get my case denied , this period will be considered as illegal stay, which will affect negatively on my student visa decision in the US embassy in my country.

My question is: since I sent the original I-94 to USCIS with the application, how can travel outside the US without having the original I-94 form? Do I need to get it back from USCIS? How? And how long this will take?

Thanks and appreciate your advice.

K.

You can stay in the US as you filed for your COS prior to the expiration of your I-94. Do not send the original I-94 for EOS or COS. Have a copy of your COS application and I-94 if you leave prior to approval. They know who you are, you are in the system.