Could I come back to USA after 10 months already spent there?

[Zorra]

Hi!

I spent 10 months in USA from September 2007 to July 2008 with a B2 visa. I asked officialy for an extension in February for 5 months more. At this day I still not have any answer.
I am right now in France and I would like go back there to visit my boyfriend in middle of October. I went on USCIS website but they are still processing on my case and this can take between 10 and 12 months late…

So my question is : could somebody tell me if it will be very risky to go back in October whereas I probably won’t have received any answer yet? And also because I spent already 8 months on the territory this year?

To finish could somebody explain to me what I am exactly allowed to do with my B2 visa concerning my back and for?

Thanks a lot for your help!

[txh1b]

http://www.immihelp.com/forum/showthread.php?t=43381

[C4us]

You are spending an awful lot of time in the US on a visitor visa. This is not a good idea if you do not want it cancelled.

[PraetorianXI]

You should wait at least 1 year before returning... at least wait until the result of your extension is determined, because if it was denied. Your visa may be voided under 222(g).

[peace]

Law has not set any number of visits allowed for a B2 visa.
It all depends on one's situation.

In your case, I would not advise you to visit now because you have already
spent 8 months and your purpose of visit is to meet your boyfriend.
That makes you a potential immigrant and you may be stopped at entry and sent back.(Your B2 visa may or may not be canceled).

I would advise you to plan your visit not before early 2009.
Also, save your boarding passes for your last US-home journey, copy of your original i-94( did you save it? ) and the extension application receipt. Also ask some one in US to send you the extension application response when it arrives.
Take all of the above when you enter US next year.
THis is to prove to the entry officer that you left before you received
the response to your ext application so you were not illegal when you left.