Chose option as 'B1' in the I-539 application for extending the B2 visa

[SusieQQQ 11,584]

Oh - found the first one I mentioned about visa being voided after leaving the US. Extension was approved after he left but visa was still revoked , see first few posts by the OP detailing this 

https://www.visajourney.com/forums/topic/748710-approved-b1b2-extension-i-539-during-covid-no-biometrics/#comments

 

[DBM 0]

9 minutes ago, SusieQQQ said:

Oh - found the first one I mentioned about visa being voided after leaving the US. Extension was approved after he left but visa was still revoked , see first few posts by the OP detailing this 

https://www.visajourney.com/forums/topic/748710-approved-b1b2-extension-i-539-during-covid-no-biometrics/#comments

 

Thank you for your helpful posts. I have already applied Online for his I-539 extension yesterday and the receipt number has been generated. In next few days I will try to get the correction from 'B1' to 'B2' in his application. It seems that the extension result will come after he leaves for India on 29th Jun 2021. If there is denial for his extension request and still if his visa in his passport remains valid, then that would be very helpful.

[SusieQQQ 11,584]

2 minutes ago, DBM said:

Thank you for your helpful posts. I have already applied Online for his I-539 extension yesterday and the receipt number has been generated. In next few days I will try to get the correction from 'B1' to 'B2' in his application. It seems that the extension result will come after he leaves for India on 29th Jun 2021. If there is denial for his extension request and still if his visa in his passport remains valid, then that would be very helpful.

His visa will not remain valid if there is a denial and he has stayed past his original i94. The extract of the uscis document I posted earlier makes that clear. 
 

 

Edited February 22, 2021 by SusieQQQ

[DBM 0]

18 minutes ago, SusieQQQ said:

His visa will not remain valid if there is a denial and he has stayed past his original i94. The extract of the uscis document I posted earlier makes that clear. 
 

 

Ok 😞 In that case, I just have to wait for the result, whenever it comes....

[Demise 1,093]

4 hours ago, DBM said:

The visa issued to my Father in Law is 'B1-B2'. But the Online I-94 issued shows the Class of Admission : B2.

When the I-539 extension was applied online the first question was :-
'What is your current nonimmigrant status?'
The dropdown for the answers contained options like B1, B2 but there was no option to select 'B1-B2'.
So we selected the option 'B1' and submitted the application and paid the fees of $455 online.
We want to know that is it alright to select the 'B1' option from the dropdown.
Or will there be any issue in our application? If there will be an issue, how can we fix this? His current I-94 expires on 28th Feb 2021
Please advise...

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What I would do in your case is take a copy of the receipt notice and send an "unsolicited submission" to USCIS service center handling this I-539, write a statement that you accidentally picked the wrong option and meant to pick "B2" rather than "B1" and include a corrected I-539 form.

[DBM 0]

20 minutes ago, Demise said:

What I would do in your case is take a copy of the receipt notice and send an "unsolicited submission" to USCIS service center handling this I-539, write a statement that you accidentally picked the wrong option and meant to pick "B2" rather than "B1" and include a corrected I-539 form.

Actually we did not submit a Paper I-539 form. We submitted it Online through the USCIS account. So not sure how we can get a corrected I-539 form. We have sent an online message to USCIS mentioning about this 'B1' issue. But dont know when USCIS will reply to it

[Demise 1,093]

8 minutes ago, DBM said:

Actually we did not submit a Paper I-539 form. We submitted it Online through the USCIS account. So not sure how we can get a corrected I-539 form. We have sent an online message to USCIS mentioning about this 'B1' issue. But dont know when USCIS will reply to it

Did you get a receipt notice? It'll list the service center handling this case.

[DBM 0]

23 minutes ago, Demise said:

Did you get a receipt notice? It'll list the service center handling this case.

We submitted the I-539 online just yesterday. The Receipt number starts with MCT..... so not sure which USCIS center will be involved.

We might get the Hard copy of the Receipt Notice in next few days.

The USCIS Customer service Rep asked us to send a letter to Potomac Center requesting them to make correction from 'B1' to 'B2' in our I-539 application.

[Boiler 43,397]

I have not seen replies back within 6 months never mind 4 months so getting a response before he leaves seems highly unlikely.

 

I somewhat doubt the B1 or B2 issues will be of consequence, but not seen it before. He was admitted as B2 so that is what should have been selected.

 

The logic of the reason is decided by whoever reviews the case, only thing I can be reasonably certain of is that it will not be anybody on here.

 

So if his extension is approved he can continue to use the B, however with a 10 month stay I would give it a while before he tries to do so.

 

If he is declined then he can reapply for a B, yet again give it a while after such a long stay.

 

Presumably he was able to extend his travel insurance.

[SalishSea 16,746]

10 hours ago, DBM said:

Thank you for your reply. The reason that we gave for requesting extension is that the Covid situation has worsened in India in last few days especially in his Home state of Maharashtra. And he is a Diabetic, so we requested for a 4 month extension so that the situation may improve in his state in those 4 months. Right now more worried about what USCIS will do in response for selecting B1 instead of B2 in the extension application form 😞

Not a great idea to bring him here during a worldwide pandemic perhaps.

[retheem 553]

22 hours ago, DBM said:

The visa issued to my Father in Law is 'B1-B2'. But the Online I-94 issued shows the Class of Admission : B2.

When the I-539 extension was applied online the first question was :-
'What is your current nonimmigrant status?'
The dropdown for the answers contained options like B1, B2 but there was no option to select 'B1-B2'.
So we selected the option 'B1' and submitted the application and paid the fees of $455 online.
We want to know that is it alright to select the 'B1' option from the dropdown.
Or will there be any issue in our application? If there will be an issue, how can we fix this? His current I-94 expires on 28th Feb 2021
Please advise...

Less

 

If your spouse is a citizen, go the AOS route. Problem will be solved.

[SusieQQQ 11,584]

7 minutes ago, retheem said:

If your spouse is a citizen, go the AOS route. Problem will be solved.

Why do you assume he wants a green card? Nowhere was that stated. Hardly solves a problem if it creates further ones in terms of residency, tax obligations etc.

[milimelo 4,167]

19 hours ago, DBM said:

Thank you for your helpful posts. I have already applied Online for his I-539 extension yesterday and the receipt number has been generated. In next few days I will try to get the correction from 'B1' to 'B2' in his application. It seems that the extension result will come after he leaves for India on 29th Jun 2021. If there is denial for his extension request and still if his visa in his passport remains valid, then that would be very helpful.

Visa in passport may seem valid but you’d get denial at POE even if embassy doesn’t notify you the visa is voided. So don’t think because visa is in the passport it can’t be voided.