Best way to extend to stay in the USA.

[Teddy B 17,251]

Hi everyone,

the hope was quite gone when two days ago my request was approved!

Now I was wondering which should be the next step. From USCIS website there is nothing to print as confirmation. I have understood that I have to wait that papers are sent to my US address. After that I'll ask my partner to send all papers in Italy so I can come back carrying the papers with me.

My request was to extend my non immigrant status until 12/31/2014. As my request was approved (I'll verify as soon as I can read the papers), does it means that I can buy a ticket with a returning flight on the 12/31/2014?

Thank you,

Massimo

Why did you leave the US before getting an answer on the extension?

The extension is void now that you left the US.

[fcoj 0]

Why did you leave the US before getting an answer on the extension?

The extension is void now that you left the US.

Because I submitted the request on September and I was allowed to stay there until middle of October, but the answer arrived in January.

I was not allowed to stay until January to get my answer. And correct if I am wrong: if I have an extension until 12/31/2014, I can still travel back and forward to Italy if i need. Is it correct?

Massimo

[Teddy B 17,251]

Because I submitted the request on September and I was allowed to stay there until middle of October, but the answer arrived in January.

I was not allowed to stay until January to get my answer. And correct if I am wrong: if I have an extension until 12/31/2014, I can still travel back and forward to Italy if i need. Is it correct?

Massimo

Once you have filed an extension form I-539, you are allowed to and expected to stay in the US until you receive the decision, regardless of the exit date on your I-94 or your 6 month limit. That's why it is called an "extension of stay". Once you leave there is no longer any stay to extend and it is considered by USCIS that you have abandoned your extension request and it is no longer valid. You will not be allowed re-entry based on your extension approval.

You will need to attempt re-entry on your B2. You may want to bring the approval letter with you and explain what happened to the POE officers with your extension request and the confusion of you leaving before it's approval. They may allow you to re-enter and stay but the extension itself is no longer valid.

Edited January 9, 2014 by Teddy B

[fcoj 0]

Once you have filed an extension form I-539, you are allowed to and expected to stay in the US until you receive the decision, regardless of the exit date on your I-94 or your 6 month limit. That's why it is called an "extension of stay". Once you leave there is no longer any stay to extend and it is considered by USCIS that you have abandoned your extension request and it is no longer valid. You will not be allowed re-entry based on your extension approval.

You will need to attempt re-entry on your B2. You may want to bring the approval letter with you and explain what happened to the POE officers with your extension request and the confusion of you leaving before it's approval. They may allow you to re-enter and stay but the extension itself is no longer valid.

Teddy,

would you be so kind to give me a link about these rules and about what it is allowed for a B2 VISA?

When someone is allowed for an extension, does he or she can travel abroad if necessary and come back considering the extension still valid? No, as far as I have understood.

Thanks,

Massimo

[Boiler 43,848]

You applied to extend your status, not the visa.

Each visit is a singular event.

[Teddy B 17,251]

Teddy,

would you be so kind to give me a link about these rules and about what it is allowed for a B2 VISA?

When someone is allowed for an extension, does he or she can travel abroad if necessary and come back considering the extension still valid? No, as far as I have understood.

Thanks,

Massimo

I was able to find this on a quick search, but you can find more on your own. Filing for an extension is the same as filing for a change of status. As Boiler said, each visit or stay is a one time event. Once you leave you have terminated that stay.

Service officers are reminded that an alien on whose behalf a change of nonimmigrant

status has been filed and who travels outside the United States before the request is adjudicated is

considered to have abandoned the request for a change of nonimmigrant status. This has been,

and remains, the Service’s long-standing policy. The Office of Adjudications has described this

particular policy in numerous letters and correspondence with the public and the legal

community.

If at any time it comes to the attention of the Service that an alien on whose behalf a

request for a change of nonimmigrant status has been filed has travel outside of the United States

during the pendency of the request for a change of status, the application or petition should be

denied pursuant to 8 CFR 248.3(g).

http://www.uscis.gov/sites/default/files/files/pressrelease/Travpub.pdf

[fcoj 0]

The application you filed was to extend your status at the time, now that you have left it ceased to be relevant.

Did you get the work visa?

No, I didn't get the working Visa jet as I'm still looking for a work.

[fcoj 0]

I was able to find this on a quick search, but you can find more on your own. Filing for an extension is the same as filing for a change of status. As Boiler said, each visit or stay is a one time event. Once you leave you have terminated that stay.

Thank you for your response.

Now something strange happened.

I have received the approval for my extension of stay.

But in the paper there is something strange to me.

* I-539 submission date: 09/25/2013.

* I-90 allowed me to stay in US until 10/12/2013.

* My request through I-539 was to extend my stay until 12/31/2014.

* I-539 request status: APPROVED

* Notice date on I-797A Notice of Action I have received at home: 01/06/2014.

And here is some strange to me...

Notice Type: Approval Nocice

Class: B2

Valid from 10/13/2013 to 10/14/2013

How is it possible that USCIS has approved my extension, where my request was to extend until 12/31/2014, allowing me to stay just two more days and noticed me on 01/06/2014?

If I was still in US soil at that time, what should I have done?

I mean, imagine me receiving on 01/08/2014 morning receiving a letter from USCIS that says that my request was APPROVED and discover that the validity is from 10/13/2013 to 10/14/2013. Does it means that i have to leave immediately? What happen when I arrive at the airport with my passport that says that I was allowed until 10/12/2013, with USCIS document that allows me to stay two more days (from 10/13/2013 to 10/14/2013) and a notice date of 01/06/2014?

I think that they will point me saying that I have broken an immigration law with all the consequences that it implies.

I have already written to USCIS for clarification and i'm waiting for a response.

Thank you,

Massimo

[Teddy B 17,251]

Notice Type: Approval Nocice

Class: B2

Valid from 10/13/2013 to 10/14/2013

I have a feeling the exit date might be a typo. Perhaps it should have read 10/14/2014?

[MacUK 983]

I have a feeling the exit date might be a typo. Perhaps it should have read 10/14/2014?

A 12 month extension?

I thought it could only be a maximum of 6 months?

[Boiler 43,848]

Extensions seem to be usually for 6 months, but can be for a couple of days.

[Teddy B 17,251]

A 12 month extension?

I thought it could only be a maximum of 6 months?

Based on what the poster has said, he qualifies as a "B2 cohabitating partner" of a non-immigrant on a valid work visa and can be extended for any amount of time, including the duration of the primary non-immigrants stay.

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

Edited January 16, 2014 by Teddy B

[Boiler 43,848]

OP never mentioned that the B2 had been issued on a co habitating basis. Which would be pertinent information if it had.

[Teddy B 17,251]

OP never mentioned that the B2 had been issued on a co habitating basis. Which would be pertinent information if it had.

I don't believe that the original B2 was issued in cohabitating status, I did recomend that he file for an extension based on that status though. Whether he did or not remains to be seen.

Either way, the length of an extension is up to USCIS, they can allow 1 day, 6 months or a year. It's solely up to them. My guess of the leave date being a typo was nothing more than that, a guess. It makes no sense any other way.

Edited January 16, 2014 by Teddy B

[Boiler 43,848]

There is far to little information given to make more than a guess.