Visitors visa extension is pending

[lilachva83]

Hi,
In my last visit to the US, I received a visitors visa (I-94) for ~3 weeks (8/26/2012 - 9/13/2012).
As I wanted to stay until October 8th, I applied for an extension (before my I -94 expired).
my application is still pending and I already left the US (overstayed ~3 weeks).

The problem is that I need to go back to the US next month, in case that I will not get an answer until than, what should I do? will I have a problem at the border, as I overstayed in my last visit?
Is there anything I can do in my home country (in the US embassy) in order to fix this issue? (for example, applying for a new visa).

[raghvi]

Hi,
In my last visit to the US, I received a visitors visa (I-94) for ~3 weeks (8/26/2012 - 9/13/2012).
As I wanted to stay until October 8th, I applied for an extension (before my I -94 expired).
my application is still pending and I already left the US (overstayed ~3 weeks).

The problem is that I need to go back to the US next month, in case that I will not get an answer until than, what should I do? will I have a problem at the border, as I overstayed in my last visit?
Is there anything I can do in my home country (in the US embassy) in order to fix this issue? (for example, applying for a new visa).

Overstaying has already rendered your visa VOID. You would need to get a new one in order to travel to US again.

If an alien enters the U.S. on a non-immigrant visa (i.e. visitor's visa) and remains in the U.S. beyond the period of his authorized stay (the time listed on the I-94 by the INS officer at the airport), his existing visa will be void, and he can no longer use that visa to enter the U.S., even if it is a 10 year multiple. Instead, he would be required to go back to his home country, to apply for a new visa so he can enter the U.S. again. This is Section 222(g) of the immigration laws.

This is my opinion not legal advice.

[lilachva83]

Overstaying has already rendered your visa VOID. You would need to get a new one in order to travel to US again.

If an alien enters the U.S. on a non-immigrant visa (i.e. visitor's visa) and remains in the U.S. beyond the period of his authorized stay (the time listed on the I-94 by the INS officer at the airport), his existing visa will be void, and he can no longer use that visa to enter the U.S., even if it is a 10 year multiple. Instead, he would be required to go back to his home country, to apply for a new visa so he can enter the U.S. again. This is Section 222(g) of the immigration laws.

This is my opinion not legal advice.

This is also in case my application will be approved (while i'm already out of the states)?