B2 visa pending case

[Maria1985 0]

Hi,

I am from Latin America, I came to New York on B2 visa in May the second 2014, my visa expired on November 2014 but before it expires I fill out the form I539 (in October, 2014) to extend my visa up to April 30, 2015. I did not receive the approval for my extension yet ( my case still pending). I decided to study a master degree and last month I was accepted in baruch college but in order to change my visa to F1 I need a valid I94, so what should I do?

Do I need to leave before Abril 30, 2015 and apply from my country or can I wait their approval exceeding the time I've requested in the form i539? What happened if they give me the approval on May or June, do I still have the chance to change my status to F2 ??. how many days will they give after approving my case ???

please Helllllllllllp

Thank you

[Boiler 43,427]

What was the reason for the extension?

Yes you will be out of status if you stay beyong the requested date.

[Maria1985 0]

I put two reasons for the extension, the first one my brother wedding and the second my intention to apply for some universities in order to continue studying, and I provided them with all the evidences needed.

can I change my status if they send me the approval after April 30 ???????

thank you for answering

Edited April 5, 2015 by Maria1985

[Boiler 43,427]

You have to have status to change it.

[Teddy B 17,251]

Hi,

I am from Latin America, I came to New York on B2 visa in May the second 2014, my visa expired on November 2014 but before it expires I fill out the form I539 (in October, 2014) to extend my visa up to April 30, 2015. I did not receive the approval for my extension yet ( my case still pending). I decided to study a master degree and last month I was accepted in baruch college but in order to change my visa to F1 I need a valid I94, so what should I do?

Do I need to leave before Abril 30, 2015 and apply from my country or can I wait their approval exceeding the time I've requested in the form i539? What happened if they give me the approval on May or June, do I still have the chance to change my status to F2 ??. how many days will they give after approving my case ???

please Helllllllllllp

Thank you

Most I-539 extension requests are answered within 90 days, you're going on 5 months plus since you sent yours. Are you sure USCIS recv'd your request? Also April 30th would put you at one year on a 6 month tourist visa, you're going to need to go home shortly no matter what the outcome of the extension request. It would be very rare to receive any extension that would allow you to stay longer than 1 year total on a 6 month visa.

[Maria1985 0]

Most I-539 extension requests are answered within 90 days, you're going on 5 months plus since you sent yours. Are you sure USCIS recv'd your request? Also April 30th would put you at one year on a 6 month tourist visa, you're going to need to go home shortly no matter what the outcome of the extension request. It would be very rare to receive any extension that would allow you to stay longer than 1 year total on a 6 month visa.

yes they send me the Notice of action I-797, it is not my fault that they are taking too long to respond!, why should I pay for airplane ticket and return home and come back again to the US, if they responded my application on time I would esaily change my status to F1 without leaving the US.

Thank you

[Boiler 43,427]

You are assuming you would be granted an extension.

[Maria1985 0]

You are assuming you would be granted an extension.

I am assuming nothing, but I have the right to be responded on time, at least I would know if I have to leave or not.

[Boiler 43,427]

You are dealing with US immigration.

Most cases I have seen the delay works in the favour of the person seeking an extension. If they had dealt with the extension request in a reasonable timeframe you mayhave to have left within your original date.

[Teddy B 17,251]

yes they send me the Notice of action I-797, it is not my fault that they are taking too long to respond!, why should I pay for airplane ticket and return home and come back again to the US, if they responded my application on time I would esaily change my status to F1 without leaving the US.

Thank you

I am assuming nothing, but I have the right to be responded on time, at least I would know if I have to leave or not.

No, actually you don't have a right to anything in the US because you are not a citizen or an LPR. It's time for you to go home.

[KierenHby 897]

No, actually you don't have a right to anything in the US because you are not a citizen or an LPR. It's time for you to go home.

That sounds a bit harsh, imo!

Ideally I'm all for visa-holders leaving the US upon expiration, but in this case, OP did apply for an extension. I'm not wading into reasons or timing of the extension filing, or OP's responsibility to follow-up; that's for OP to ponder.

[Teddy B 17,251]

That sounds a bit harsh, imo!

Ideally I'm all for visa-holders leaving the US upon expiration, but in this case, OP did apply for an extension. I'm not wading into reasons or timing of the extension filing, or OP's responsibility to follow-up; that's for OP to ponder.

Maybe a bit harsh, but the "I have a right" attitude possessed by the op is what got that response from me. The op is very fortunate to have been here a year now on a 6 month visa and has been able to attend her brother's wedding and look for schools to attend as well. All the while taking the system for granted as if it was her right to be waited on by USCIS, it's not. What she fails to see is if USCIS had addressed her extension request within the 90 days like they normally do, she probably would not have received the full extra 6 months to stay that she is now. It's rare for USCIS to give out such long extensions for non-emergency matters. If she was approved for an extension, she probably would have been given enough time to attend the wedding and then go home. She is not entitled to come here for as long as she wants, that's not how it works.

[KierenHby 897]

I'm in full agreement with what you said, not in any way condoning OP's modus operandi. Maybe just the tone of "go home" struck me.

We've all seen plenty of cases here on VJ where applicants, many B-2 visitors from select countries (I wont name them, but we all know which ones) have come to have a certain level of expectation from USCIS\DoS once they've entered the US.

And, yeah, I agree, we see plenty abuse of the "max 180-day stay" with extension\CoS requests on seemingly vague, flimsy, and non-emergency premises. Followed by "I have a right", "not my fault", "how dare you question".. blahblahblah.

As I've made clear on some of my previous posts on other threads, I have no patience for someone carrying on a nearly yearlong stay on a six-month entry. I just should have been clear, i misinterpreted your tone of your comments; I support the context.

[Maria1985 0]

No, actually you don't have a right to anything in the US because you are not a citizen or an LPR. It's time for you to go home.

Let me explain you something, when a non-immigrant apply for anything through immigration we pay money for it, so it´s considered as a service , we give money we receive information for that money. So dear, YES non-immigrants HAVE rights.

And for the future, if you have useful comments you are more than welcome if not please keep it to yourself .

[canadian_wife 1,791]

Teddy's comments were useful and valid. Sorry, your 'rights' offended me, an immigrant, too.

Please stop preaching about what is owed to you. Be thankful you were admitted to the U.S (many people cannot) and do not take for granted this gift.

So my question to you us, since your extension request is taking along time, what are you doing about it? Are you contacting USCIS to inquire? Making an info-pass appointment? Consulting with the DSO at the school you wish to attend? Or perhaps you not taking any direct action yourself and just waiting and hoping?

Good luck

Edited April 9, 2015 by canadian_wife