B2 and I539 extension

[Tiburon 0]

Hi

Im planing to visit in the US soon so is here my case:

I have B2 visa for 10 years

I was in the US from April 2015 to February 2016

I applied i539 to extend in september 2015

I left in Feb16 i didnt get any update from UCIS to my case.

A month ago i got an update the my request was denied

So my qustion is, do i have to get a new visa? Is my current visa is void?

[Mollie09 1,543]

If your extension was denied past your I-94 date, your visa is cancelled and you need to get a new one.

[RodDetroit 118]

Hi

Im planing to visit in the US soon so is here my case:

I have B2 visa for 10 years

I was in the US from April 2015 to February 2016

I applied i539 to extend in september 2015

I left in Feb16 i didnt get any update from UCIS to my case.

A month ago i got an update the my request was denied

So my qustion is, do i have to get a new visa? Is my current visa is void?

your visa is void and you are banned from the US because you overstayed.

[Tiburon 0]

Are you sure? Is there any way to confirm that?

I dont think its count as overstay as my status never changed while i was there.

They asked for additional evidance in april16 but since i was already left so they denied the case.

[Mollie09 1,543]

They're not barred because the application was still pending when they left.

Yes. Sure. No way to confirm that, and no need, your visa is void.

[Tiburon 0]

And its says im banned or just apply for new visa?

[Mollie09 1,543]

If you didn't overstay (which it sounds like you didn't), you just apply for a new one. Be prepared to answer questions about why you applied for an extension and needed to stay so long, and to prove that you left while the application was still pending.

[Teddy B 17,251]

And its says im banned or just apply for new visa?

You shouldn't have any ban. You are considered to be in the US legally while waiting for the decision on I-539. Apply for a new visa, whether or not you are allowed back into the US anytime soon will be up to the CBP upon attempted entry. You were in the US for about 10 months, they might want you to stay out for a while before being allowed back.

[KierenHby 897]

Lest you arrive and have your visa cancelled at the airport and be sent back, apply for a new visa.

[RodDetroit 118]

They're not barred because the application was still pending when they left.

Yes. Sure. No way to confirm that, and no need, your visa is void.

If this is true then its a loophole to stay longer in the US with minimum consequences besides getting your visa void but chances are he or she wont get another visa .

[Californiansunset 332]

I'm a little confused because I was told the exact opposite.

I had a B1 visa, filed for an extension and left before a decision was made. I afterwards asked the exact same question you did here on the forum. People told me that obviously I didn't overstay as I filed the extension on time but since I left the U.S., my visa would be void as I abandoned my visa extension and therefore will get denied. Turned out I didn't and it was approved but before it was approved I entered on an ESTA 2 months after I had left the States. Prior to that I consulted an US immigration attorney. She told me that my visa is not void and what I should have on me when I enter the States is the following:

1. I-797 fee receipt for extension request on form I-539;

2. Copy of your airline ticket and boarding pass for your departure while the I-539 was still pending.

(And I guess in your case also 3. The denied visa extension letter).

She told me that I won't have any problem entering and she was right. I wasn't even asked a single question about the B1 visa or the extension. I had also asked the lawyer how that even makes sense because obviously this is a big loop hole and everyone could just do that to stay longer but then leave before a decision is made (which at that time took USCIS 5 months) and she kind of avoided answering me to that and just said that you can also be unlucky and get a negative answer from USCIS before you leave the U.S.

Edited August 29, 2016 by Californiansunset

[Californiansunset 332]

Oh but the lawyer did tell me that you still shouldn't stay longer than 180 days after your I-94 expiry date, so it's good you that you left before. Plus I just realized... It takes 11 months now to get an answer for a I539???? Obviously pretty much everyone has to abandon their extension then before a decision is made because it takes so extremely long right now.

[Tiburon 0]

I'm a little confused because I was told the exact opposite.

I had a B1 visa, filed for an extension and left before a decision was made. I afterwards asked the exact same question you did here on the forum. People told me that obviously I didn't overstay as I filed the extension on time but since I left the U.S., my visa would be void as I abandoned my visa extension and therefore will get denied. Turned out I didn't and it was approved but before it was approved I entered on an ESTA 2 months after I had left the States. Prior to that I consulted an US immigration attorney. She told me that my visa is not void and what I should have on me when I enter the States is the following:

1. I-797 fee receipt for extension request on form I-539;

2. Copy of your airline ticket and boarding pass for your departure while the I-539 was still pending.

(And I guess in your case also 3. The denied visa extension letter).

She told me that I won't have any problem entering and she was right. I wasn't even asked a single question about the B1 visa or the extension. I had also asked the lawyer how that even makes sense because obviously this is a big loop hole and everyone could just do that to stay longer but then leave before a decision is made (which at that time took USCIS 5 months) and she kind of avoided answering me to that and just said that you can also be unlucky and get a negative answer from USCIS before you leave the U.S.

This is exactly what I'm think and most of people tell me

But there is the other side that tell the opposite

I have no idea what to do

Is there any way to confirm this?

[KierenHby 897]

Hi

Im planing to visit in the US soon so is here my case:

I have B2 visa for 10 years

I was in the US from April 2015 to February 2016

I applied i539 to extend in september 2015

I left in Feb16 i didnt get any update from UCIS to my case.

A month ago i got an update the my request was denied

So my qustion is, do i have to get a new visa? Is my current visa is void?

Was the extension for a medical emergency.. or for a reason 'beyond your control'?

[TL2016 208]

OP, look at your B1/2 Visa. In the top right corner should be a "Control Number". Write it down along with your Passport Number and email the embassy / consulate where you've obtained the visa. Hopefully they'll be able to tell you if your visa is still valid or not. Make sure to explain that you did request an extension of your authorized stay and that it was denied at the end even though you've left the country.

I don't believe that the reason matters why you've requested an extension. Email them and see what they say, I'd say that's your best bet.