I-539 Extension

[tmmet]

Hi,
Could anyone please help me?

My attorney messed up my daughter's 1-539 extension . I got my I-539 extension approval notice. My daughter's was sent separately (as attorney made a mistake) . My daughter's visa is expiring on Feb 27th, 2020. Attorney filed for her extenstion only around end of Jan, 2020. Can my daughter stay legally in U.S. if she doesn't get the receipt before her visa expires? If she cannot stay, could you please let me know what options she has to change her visa status and to stay here legally. She will be completing her high school in June, 2020.

Also, can she stay legally in U.S. just with the approval notice if she gets it before Feb,27th.

Appreciate your help.
Thanks in advance!

[Libra_14]

I assume your daughter is on L2 visa.

Her stay is defined by her I94 (not visa). She can stay in USA after expiry of I94 for 240 days, as long as her I539 is filed before the last day of expiry of I94.

She doesn't need a valid visa to stay within USA, if she happens to leave USA, then she will need visa to re-enter.

[newacct]

She can stay in USA after expiry of I94 for 240 days, as long as her I539 is filed before the last day of expiry of I94.

She can stay in the US on a pending I-539 for an unlimited amount of time.

[Libra_14]

She can stay in the US on a pending I-539 for an unlimited amount of time.

Thanks for correcting.