您的回複真是雪中送炭啊，殫精竭慮了兩天，終於有點放心。關於I539表再請教一下：
1、有沒有visa是申請I539的必要條件？
-Based on the immigration law, a person enters US using visa waiver can not extend or change status within US. For example, a citizen of Australia can enter US using visa waiver, but he can not change his B-2 status to another status and also can not extend his B-2 status. So, I personally think this law should apply to your case though your status is F-1 and it is somewhat special. You may consult some immigration lawyers to see what they think.
2、我們申請I539也沒有指望批下來，也知道會處理很長時間，這樣就為我們等visa爭取了額外的時間。 我網上搜到的信息說pending期間，算是合法停留，即使身份過了2月7號過期了。
-If you are not qualified for the I-539 filing and you file it, your stay during the I-539 pending can not be considered as legal stay.
這樣I94可能就沒有gap了，我總是擔心I94的gap會是以後H1b或者綠卡的隱患。我的擔心多餘嗎？I539申請的後果不管拒或者批有不好的後果嗎？
3、我的身份過了2月7號就失效了，期間我繼續上學，瞞著學校，直到新的visa approved可以嗎？
-As I mentioned in my previous response, out of status for a few weeks or even if one to two months does not affect you anything. As long as you get the F-1 visa to reenter US, everything will be fine.
會不會有不良記錄影響H1b和綠卡呢？
-After you reenter US using the F-1 visa, your status record will be re-counted from the date of your latest entry, and that means your previous violation of status record will not be counted (equal to removal). In the future, every time you leave and reenter US, your status record will be re-counted again. Of course, if your illegal stay is > 180 days, you will be subjected to 3- or 10-year bar after you leave US, and that will be big trouble to you.
囉囉嗦嗦讓各位見笑了。
1、有沒有visa是申請I539的必要條件？
-Based on the immigration law, a person enters US using visa waiver can not extend or change status within US. For example, a citizen of Australia can enter US using visa waiver, but he can not change his B-2 status to another status and also can not extend his B-2 status. So, I personally think this law should apply to your case though your status is F-1 and it is somewhat special. You may consult some immigration lawyers to see what they think.
2、我們申請I539也沒有指望批下來，也知道會處理很長時間，這樣就為我們等visa爭取了額外的時間。 我網上搜到的信息說pending期間，算是合法停留，即使身份過了2月7號過期了。
-If you are not qualified for the I-539 filing and you file it, your stay during the I-539 pending can not be considered as legal stay.
這樣I94可能就沒有gap了，我總是擔心I94的gap會是以後H1b或者綠卡的隱患。我的擔心多餘嗎？I539申請的後果不管拒或者批有不好的後果嗎？
3、我的身份過了2月7號就失效了，期間我繼續上學，瞞著學校，直到新的visa approved可以嗎？
-As I mentioned in my previous response, out of status for a few weeks or even if one to two months does not affect you anything. As long as you get the F-1 visa to reenter US, everything will be fine.
會不會有不良記錄影響H1b和綠卡呢？
-After you reenter US using the F-1 visa, your status record will be re-counted from the date of your latest entry, and that means your previous violation of status record will not be counted (equal to removal). In the future, every time you leave and reenter US, your status record will be re-counted again. Of course, if your illegal stay is > 180 days, you will be subjected to 3- or 10-year bar after you leave US, and that will be big trouble to you.
囉囉嗦嗦讓各位見笑了。
