Need help with I-539 for L2 visa holder

[mathewrond]

My wife has a valid visa in her passport until 2023 but her I94 was expiring so we filed for extension. She had to travel out of US for a family emergency. She has received an appointment for biometrics after she traveled.

Should I withdraw the application? If so, is there a process or application to fill and send to USCIS to withdraw? She can enter US with her valid US visa.

Thanks

[Libra_14]

If your I94 is already expired, then do NOT withdraw the 539 application - withdrawal will cause unauthorized stay - consult an attorney, before doing that.

if possible, request for rescheduling her biometrics & have her re-enter into USA before that.

[newacct]

If your I94 is already expired, then do NOT withdraw the 539 application - withdrawal will cause unauthorized stay

This is not true. One does not accrue unlawful presence while a timely-filed, non-frivolous Extension of Stay or Change of Status application was pending, even if it is ultimately abandoned or denied. And in this case it was already automatically abandoned when she left the US, since she has no status to extend anymore.

[mathewrond]

Thank you for your inputs. Her I-94 is valid till July but we filed for extension so she can stay till visa expiry date.

I had a conference call with my wife and USCIS today to reschedule the biometric appointment. The rep gave us a verification code and that a call will be made. Any idea what this is please?

Now that she had a valid status when filing the application and when she left US,
1) Do you see any concerns with rescheduling?
2) Is her application still considering abandoned?
3) Will she have any issues re-entering US?

[Libra_14]

This is not true. One does not accrue unlawful presence while a timely-filed, non-frivolous Extension of Stay or Change of Status application was pending, even if it is ultimately abandoned or denied. And in this case it was already automatically abandoned when she left the US, since she has no status to extend anymore.

Good to know.

[mayank14june]

mathewrond , how did you get to talk to a USCIS rep on a call.
Whenever I try to talk to them for my case, all I get is a female bot who gives her own solution.
And she doesn't let me talk to a rep.

[mathewrond]

Yes, I spoke to real person to reschedule biometric appointment. Try calling in the morning time. Also the initial call will be picked up by automated system which directs the call.

[arunamani07]

did you call in india to book appointment?