DBM

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.

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

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....

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.

8 minutes ago, SusieQQQ said:

 

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf.

page 3
 

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94....

If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful.
If your application is denied, you [may be required to cease employment ...not relevant to your father] and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).
 

 

Ok  😞  This is scary. But if he leaves USA before he gets the decision, then what happens in that case?

5 minutes ago, SusieQQQ said:

Well... perhaps you should be because if he is denied then he will have been in overstay on his visa from the end of his i94 all the way till you get the decision, and will lose his existing tourist visa. Again, I personally think you’re worrying about the wrong thing, but if you’ve done what you were told to change the class on that front you should be ok. 

Please correct me if I am wrong. But the duration from I-94 expiry till you get a denial decision should be considered a period of Authorized stay right? If the person leaves within 3-4 days of getting denial Or if he leaves before getting the denial decision in that case, what happens to his B2 visa?

4 minutes ago, SusieQQQ said:

Well, tbh I’d still be more worried about using Covid as an excuse when he was able to travel here in the middle of the pandemic but really you only have two options, either he goes back before his i94 expires or you wait to see what happens after that. 

 

 

You are correct. His plan is to leave on 30th Jun 2021 and the USCIS decision may not come by that time. So most probably he will leave before the decision is made. In that case if he gets a denial long after he has left for India, what happens to his B2 visa status?

1 hour ago, SusieQQQ said:

I can’t imagine there would be a huge problem choosing B1 instead of b2, it probably happens quite often and it is essentially the same type of visa, if there is any hassle it is more likely to be with the rationale for extending. ( I presume you are not using Covid as an excuse as the parent would have arrived in the middle of the pandemic with a Feb expiry and even with COVID we have seen some reports  here of RFEs for insufficient evidence )

2 minutes ago, SusieQQQ said:

Well, it’s been taking 5-6 months to adjudicate i539s recently. You definitely won’t get a decision before next week.

I am not so much worried about the time taken by USCIS to make a decision. More worried about what if they reject his I-539 form saying that we chose the wrong Visa class (B1 instead of B2) in the application form. We have sent Online message to USCIS requesting them to correct this error in our form. But dont know what USCIS will do 😞

57 minutes ago, SusieQQQ said:

I can’t imagine there would be a huge problem choosing B1 instead of b2, it probably happens quite often and it is essentially the same type of visa, if there is any hassle it is more likely to be with the rationale for extending. ( I presume you are not using Covid as an excuse as the parent would have arrived in the middle of the pandemic with a Feb expiry and even with COVID we have seen some reports  here of RFEs for insufficient evidence )

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 😞

1 hour ago, doggieandsam said:

B1 is for business, B2 for tourism. it's a combined category in the DS-160 that's why it's so confusing. question is: what is the purpose of your father's stay? if tourism/holiday/vacation/seeing family, then you should have selected B2 in the extension form. I don't know if there will be an issue with your application.  

The purpose of his visit and now the purpose of his extension are both for meeting me and my family. Its NOT for Business. We asked USCIS Customer service and they asked to send online message from his USCIS account to request for correction. But we are not sure what USCIS will reply and when they will reply. His current I94 expires on 28th Feb 2021 😞