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

[rammon 0]

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?

[Harsh_77 716]

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.

[CBM 14]

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.

[rammon 0]

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.

[Harsh_77 716]

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.

[Suraj 1]

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!

[Brother Hesekiel 2,235]

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!

[Suraj 1]

Thank you Bob.