If my previous status expires after filing for a change of status, does that count as unlawful presence?
I held an E-2 small-business investor visa and then filed to change to F-1 status. My E-2 has since automatically expired.
I’d like to know if my unlawful presence clock starts running from the E-2 expiration date in this case.
If you file for a change to another status, you are not considered to be out of status until a decision is made on that filing. If F-1 is ultimately denied, that would be the date you’d need to leave the U.S.