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Departure/travel to India on a late i539 filing and is pending with USCIS; option
I am in in L1 visa... my L1(and I-94) and my dependents L2(and I-94) , were expiring on Sep 30, 2016. My employer applied the extension of L1 in premium and i received my approval and extension Unfortunatley, my employer while sending the extension package, forgot to send my dependents (spouse and child) L2 extension form.
It was realized in January 2017, and it was a fault of my administrative staff of my employer. So my employer promptly applied for I-539 with Nunc pro Tunc on January 30, 2017. A Receipt was received on Feb3, 2017. And right now it is in "case received status" with USCIS.
So my Spouse and child were in unlawful presence since Oct 1, 2016 through February 3, 2017 (126 days ). I assume that they both were not counted in unlawful presence since February 3, 2016 until the adjudication is given on the request.
My question is ;
1. What happens if the Nunc pro Tunc and I539 is accepted and approved ?
a. Will the 126 unlawful presence will be nullified and the request will be considered as if the I-94 was extension filed on time ?
2. What happens if the Nunc Pro Tunc and I-539 is denied.
b. will the duration from Feb3, 2017 till the date of adjudication announcement, considered as unlawful presence in US?
3. What happens if my dependents depart now, on a emergency, out of country say on May 30, 2017 ?
a. What happens to my petition.. will it still be proceeding for processing ?
b. What happens to the presence of my dependents from Feb3, 2017 ( the day I539 was receipt received) till May 30, 2017.. will it be considered as lawful presence ?
It was realized in January 2017, and it was a fault of my administrative staff of my employer. So my employer promptly applied for I-539 with Nunc pro Tunc on January 30, 2017. A Receipt was received on Feb3, 2017. And right now it is in "case received status" with USCIS.
So my Spouse and child were in unlawful presence since Oct 1, 2016 through February 3, 2017 (126 days ). I assume that they both were not counted in unlawful presence since February 3, 2016 until the adjudication is given on the request.
My question is ;
1. What happens if the Nunc pro Tunc and I539 is accepted and approved ?
a. Will the 126 unlawful presence will be nullified and the request will be considered as if the I-94 was extension filed on time ?
2. What happens if the Nunc Pro Tunc and I-539 is denied.
b. will the duration from Feb3, 2017 till the date of adjudication announcement, considered as unlawful presence in US?
3. What happens if my dependents depart now, on a emergency, out of country say on May 30, 2017 ?
a. What happens to my petition.. will it still be proceeding for processing ?
b. What happens to the presence of my dependents from Feb3, 2017 ( the day I539 was receipt received) till May 30, 2017.. will it be considered as lawful presence ?
