回複:再問 863211 ,各位大師:

回答: 再問 863211 ,各位大師:horse20102011-05-19 22:12:37

YES ,MY SON change of status from F2 to F1 is pending。 兒子僅有老的同樣號碼的I-94 是他第一次入美時發給的。 以後改了幾次身份, 得到了幾個I-94, 都和第一次的I-94 同號。 現在僅有最老的同樣號碼的I-94留在手裏。

-If the old I-94 is F2 (F2 I-94 duration is D/S), he can use this F2 I-94 to travel to Canada and come back within one month without getting a new visa. Otherwise, he needs to get the new visa to come back.

The issue for my son is that last summer his F2-->F1 application was refused due to my status problem, and finally he had to stay his original F-2 status until now.  So my question is if he lands in Canada this summer when is F2-->F1 is pending, can he reenter US without any problem due to his previous refusal?

-If he leaves US during the change of status is pending, his F2 to F1 applicaiton will be invalid. So if he has to go to Canada at this moment before the F1 is approved, my suggestion is that he needs to talk to the school to issue a new I-20 and then, he just uses this new I-120 to get the F1 visa from a US Consulate in Canada to come back. Of course, he needs to provide any one of the old I-94s to the airlines (by plane) or CBP officer at the port of entry (by car) when he leaves US for Canada in this case.  

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