您的回复真是雪中送炭啊，殚精竭虑了两天，终于有点放心。关于I539表再请教一下：
1、有没有visa是申请I539的必要条件？
-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、我们申请I539也没有指望批下来，也知道会处理很长时间，这样就为我们等visa争取了额外的时间。 我网上搜到的信息说pending期间，算是合法停留，即使身份过了2月7号过期了。
-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.
这样I94可能就没有gap了，我总是担心I94的gap会是以后H1b或者绿卡的隐患。我的担心多余吗？I539申请的后果不管拒或者批有不好的后果吗？
3、我的身份过了2月7号就失效了，期间我继续上学，瞒着学校，直到新的visa approved可以吗？
-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.
会不会有不良记录影响H1b和绿卡呢？
-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.
啰啰嗦嗦让各位见笑了。
1、有没有visa是申请I539的必要条件？
-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、我们申请I539也没有指望批下来，也知道会处理很长时间，这样就为我们等visa争取了额外的时间。 我网上搜到的信息说pending期间，算是合法停留，即使身份过了2月7号过期了。
-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.
这样I94可能就没有gap了，我总是担心I94的gap会是以后H1b或者绿卡的隐患。我的担心多余吗？I539申请的后果不管拒或者批有不好的后果吗？
3、我的身份过了2月7号就失效了，期间我继续上学，瞒着学校，直到新的visa approved可以吗？
-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.
会不会有不良记录影响H1b和绿卡呢？
-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.
啰啰嗦嗦让各位见笑了。
