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I-94 expires and I-539 status is pending. Whats next?

#1 rammon

rammon

    Newbie

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Posted 20 June 2011 - 02:16 PM

Hi all,
I have B2 status and my I-94 is going to get expired on 5th July, 2011 and I've applied for I-539 (Application to extend non-immigrant status) on 17th May, 2011 (i.e. 48 days before my status expires). Now I my concern is that, what happens if the decision is pending and my I-94 gets expire? Will I be able to stay in US and if I stay, am I considered as "out of status"?

For this I referred to USCIS website and found the following.
If USCIS receives the application before my status expires, and if I have not violated the terms of my status and meet the basic eligibility requirements, I may continue my previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:
•USCIS makes a decision on my application; or
•The reason for my requested extension has been accomplished.

This sounds that I can stay in US until the decision is made. But again when the following statement in USCIS website is read then I became confused.
If my application for extension is denied after my previously approved stay has expired and I am still in the United States, I will be considered “out of status” as of the date my original period of stay expired.

Can anyone help me in this regard. Can I stay till the decision is made by USCIS even after my I-94 gets expired? And will there be any negative impact in my Multiple entry Visa?
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#2 Harsh_77

Harsh_77

    Star Member



Posted 20 June 2011 - 02:30 PM

Yes thats correct as long as the decission is made you are legally in the country, the only catch is if they decline your application you would have to leave the country immediately.
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#3 CBM

CBM

    Gold Member

  • PipPipPipPipPipPipPip


Posted 20 June 2011 - 02:52 PM

Hi Rammon,

Yes, you can stay while you I-539 is pending.

If your request is approved, no problem, you will be sent a new I-94 with your new departure date on it.

If you are denied, you will be sent a denial letter, along with your old I-94 (that you were supposed to send with the I-539 application), and you are given 30 days to leave the country (at least, that's what my denial letter stated). You then surrender your expired I-94 when you leave the US. As well, if you are denied AFTER your I-94 expires, you are accumulating overstay. So, for example, you said your I-94 expires on July 5th. If a decision is not made until July 30th, then you would have 25 days of overstay, because the overstay is considered retroactive from your denial back to the date of the expired I-94.

I can't comment on multiple entry visa, as Canadians do not generally receive them.

Good luck!

PS - you generally need an awfully persuading reason to extend your stay in the US, as was thoroughly explained in my 5 page denial letter. hah.
  • 0
May 25th, 2010 : Filed I-129F at CSC
June 1st, 2010 : NoA1
June 7th, 2010 : Touch
October 19th, 2010: Touch
October 20th, 2010: NoA2! (141 days)
November 8th, 2010: Received Packet 3 from Montreal
November 10th, 2010: Sent Packet 3 back to Montreal
November 25th: Received Packet 4 & Scheduled interview!
March 8th, 2011: Interview in Montreal - Approved!
April 30th, 2011: Move to CA

May 6th, 2011: Married <3

May 31st, 2011: Filed AOS
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August 22, 2011: AOS Interview - Approved!
August 29th, 2011: Greencard in hand!

#4 rammon

rammon

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Posted 20 June 2011 - 07:06 PM

Thanks all. If my I-539 is denied and my I-94 is expired by the time I get decision on I-539, what will be my chances in entering in US in future? Will it be considered as overstay and that will affect my Multiple Entry visa. Please help me.
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#5 Harsh_77

Harsh_77

    Star Member



Posted 20 June 2011 - 08:50 PM

Thanks all. If my I-539 is denied and my I-94 is expired by the time I get decision on I-539, what will be my chances in entering in US in future? Will it be considered as overstay and that will affect my Multiple Entry visa. Please help me.

Yes from the original date when your i-94 was expiring to the date you leave would be overstay.
Returning with an overstay would would be very difficult.
Tourist visa in general are not extended unless you have very very good reason why you need your tourist visa extended.
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#6 Suraj

Suraj

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Posted 26 June 2011 - 01:39 AM

Hi All,
My parents hold B1/B2 visa, multiple entry valid for 5 years. They obtained it 3 years ago to come to US for my graduation ceremony but later they couldn't able to come to my graduation because of family reasons. Now they are planning to come US ( after 3 years of their VISA issuance date) to visit me and my sister. Both of us ( sister and myself) are US citizen now. I heard that my parents must travel to the US within 6 months of getting VISA, otherwise their VISA will be cancelled, is it true?? though their visa is valid until 2013 August. I looked state department website and many other sources, I didn't find any where that says such. And I am also going to Nepal and parents are coming with me. Do they need any invitation letter or any documents to show at port of entry besides valid visa? I would highly appreciate any help in this regards.

Thanks!
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#7 Brother Hesekiel

Brother Hesekiel

    No B.S. Member



Posted 26 June 2011 - 01:06 PM

No,
that's not true for B1/B2, only for K-1/K-2 and immigrant visas.
Nothing to worry about here.


Hi All,
My parents hold B1/B2 visa, multiple entry valid for 5 years. They obtained it 3 years ago to come to US for my graduation ceremony but later they couldn't able to come to my graduation because of family reasons. Now they are planning to come US ( after 3 years of their VISA issuance date) to visit me and my sister. Both of us ( sister and myself) are US citizen now. I heard that my parents must travel to the US within 6 months of getting VISA, otherwise their VISA will be cancelled, is it true?? though their visa is valid until 2013 August. I looked state department website and many other sources, I didn't find any where that says such. And I am also going to Nepal and parents are coming with me. Do they need any invitation letter or any documents to show at port of entry besides valid visa? I would highly appreciate any help in this regards.

Thanks!


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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#8 Suraj

Suraj

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Posted 27 June 2011 - 09:00 AM

Thank you Bob.
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