I-539 duration of pending for B1/B2

[tmr_13]

I filled I-539, the extension of stay, for my B1/B2 visa. It is pending now so I am planning to remain in the US until it gets approved. I requested for another 6 months to stay until December 2020, however, I see the current processing time for my location (California) is 10 Months to 13 Months which will exceed 6 months.

My understanding is, B1/B2 visitor can only stay for a maximum of 1 year (if the extension is approved). But it is also allowed to remain in the US while the case is pending. What will happen if I need to wait for the decision longer than the requested extension period?

Should I stay until December and leave regardless of the decision? I am confused because even if I hear the decision after 10 months, my requested date will already past and will acquire the unlawful presence.

Thank you for your help.

[newacct]

I filled I-539, the extension of stay, for my B1/B2 visa. It is pending now so I am planning to remain in the US until it gets approved. I requested for another 6 months to stay until December 2020, however, I see the current processing time for my location (California) is 10 Months to 13 Months which will exceed 6 months.

My understanding is, B1/B2 visitor can only stay for a maximum of 1 year (if the extension is approved). But it is also allowed to remain in the US while the case is pending. What will happen if I need to wait for the decision longer than the requested extension period?

Should I stay until December and leave regardless of the decision? I am confused because even if I hear the decision after 10 months, my requested date will already past and will acquire the unlawful presence.

Thank you for your help.

You don't need to wait for the decision to leave. If you are ready to leave before December, and the I-539 is still pending, just leave. If you need to stay after December, you should file a second I-539 Extension of Status, even if the first one is still pending.