B2 and I539 extension

[KierenHby 897]

I don't believe that the reason matters why you've requested an extension.

Applicant supposed to provide reason for extension on i539.

[TL2016 208]

Applicant supposed to provide reason for extension on i539.

That might be true and could very well the reason why the extension was denied. But I assume the reason (or the non-given reason) for his request isn't the deciding factor why the B1/2 visa was cancelled/not cancelled.

[Boiler 43,506]

If you have no plans to return to the US then no real harm applying for an extension.

The problems arise if you want to return especially so soon.

I see no ban, why you needed to visit the US for so long, the reason given when filing the extension would be interesting.

[Cathi 5,611]

You were in the US for almost a year and you want to come back so soon after being denied an extension. It may appear to USCIS that you were using your previous b2 to live here and they will be very hesitant to issue you another visitor visa so soon. They are meant for tourism, not living here. You look desperate to come back,

[Californiansunset 332]

I think what TL2016 suggested is your best bet. Try to find out whether the visa is still valid through the consulate where you obtained the visa. Hopefully they will take the time to check it.

You could also ask several lawyers and see what they say and whether they agree on one point (void or not void). A lot of them give short answers for free, if it's not a complicated case that needs a consultation. But as I said trying to find out through your consulate is definitely the most accurate answer you will get. Lawyers can also give you reallly bad advices. A lawyer just advised my sister to extend her B2 visa in order to not accrue any unlawful presence but to be able to stay in the States while waiting on a decision for her H1B visa. A terrible advice in my opinion.

I hope you had a good reason to extend the visa instead of a simple "I needed more vacation time". There will always be the chance that you get asked why you extended and you might be scrutinized if you used the B visa extensively. However it might also be the case that you won't get questioned about it all upon entry. From what I've learned and what other VJ members here confirmed, the CBP officers can not see when you left the country. Only when you entered. When you enter too frequently for example on an ESTA you need to take proof with you (return boarding passes) to show them when exactly you had left the last time. So there is a big chance that they don't even know that you just left in February...

Once you have an answer from the consulate or lawyer or tried to enter please come back and let us know what happened.

[Californiansunset 332]

Applicant supposed to provide reason for extension on i539.

In fact it's the deciding factor whether a B visa extension is denied or approved. USCIS makes its decision solely based on the reason for the extension application and the proof provided. I did extensive research on this matter before I applied for my B1 visa extension. Apart from the fact you barely ever read about B1 visa extension especially with a nonprofit (which was my case) I could only find B1/B2 visa extensions and their stories. In general you need a very good reason to have it approved and from what I found out USCIS only approves extensions for B1/B2 visas if you have medical condition that doesn't let you leave on time or you can prove that your medical condition can only be properly treated if you stay in the US because your home country can't provide the same level of medical treatment or you are the main caregiver of a relative/friend living in the States who is in bad medical condition and that is why you need to stay to take care of that person. In the latter you would also need to prove why no one else can take care of that person besides you though.

However I think what TL2016 meant was that the reason for the extension is irrelevant to OPs question. I agree though that if he can prove that he had a good reason for the extension (which I assume was the case since USCIS requested further documents for the extension) it might be relevant for his succes the next time he is trying to enter the States or wants to apply for another visa.

[Teddy B 17,251]

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 .

You can call it whatever you want but anyone with a pending I-539 that is still in the US after the date on their I-94 is considered to still be in a legal status. Once the decision on the I-539 is given, the applicant can stay up until the date he/she was approved or the applicant needs to leave asap if denied. There is usually a mandatory date given for departure upon denial, one to two weeks is the norm. It used to take approx 90 days for USCIS to process an I-539 application but based on recent threads here on VJ, it appears it is taking a much longer time these days.

[Tiburon 0]

Thank you everyone for the detailed comments.

I contacted the local US embassy and they said that they cannot check if the visa is voided.

I also talked with a lawyer and she told me that the visa cannot be voided and they have to inform me about that if it did happen.

The CBP can check the visa online when I arrive or they just check the visa on my passport?

Also the embassy suggested me the show the I797 receipt to the officer.

And I will explain my case that my I539 got denied just because I couldn't process the case because I was already out of the US.

By the way I left at the same time with a friend with the same situation and we was able to inform the USICS that he left and he got the case approved.

[Boiler 43,506]

They do not have to tell you if the visa was voided.

Only becomes an issue if you see re entry and they will see on their screens your past history, when you entered, left and extension filed and the result.

[Californiansunset 332]

Thank you everyone for the detailed comments.

I contacted the local US embassy and they said that they cannot check if the visa is voided.

I also talked with a lawyer and she told me that the visa cannot be voided and they have to inform me about that if it did happen.

The CBP can check the visa online when I arrive or they just check the visa on my passport?

Also the embassy suggested me the show the I797 receipt to the officer.

And I will explain my case that my I539 got denied just because I couldn't process the case because I was already out of the US.

By the way I left at the same time with a friend with the same situation and we was able to inform the USICS that he left and he got the case approved.

If a Visa becomes void they usually put a stamp on it. However that was not possible in your case as you left the States and CBP isn't checking the people who are departing.

Bring the documents I listed (especially return boarding passes while application was pending). From what I know, CBP won't see when you left the States so the only thing that might show on their screen is that you applied for the extension (and got denied). I've never read anywhere that people were questioned upon entry about that though (I didn't get asked about it either when I entered while my extension application was still pending).

You spent a good amount of time outside of the States, any month that you add to that now and wait to go back is going to make it better.

However in the end you will not get a 100% assurance that you will be let in. Every single case is different. There are so many factors that play a role whether they let you in (ties to home country, age, origin, history of visits and most definitely the CBP officer itself that questions you) so no one on VJ will be able give you a definite answer. You won't know what's going to happen until you try it. I'm positive though that things will work out for you.

[Boiler 43,506]

They know when you left.

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