Do we need to Apply for B2 Visa extension when I485 and I 130 are pending

[nstsuri18]

Hi, Do you still need to apply for B2 Visa extension(I539) when I485 and I 130 are pending?

[newacct]

no

[nstsuri18]

But when we contact USCIS, we were told to file for an extension, which is for a max of 6 monthly only. If you have any links with this details, please share in the group

[newacct]

But when we contact USCIS, we were told to file for an extension, which is for a max of 6 monthly only. If you have any links with this details, please share in the group

The people who pick up the phones often do not know what they are talking about.

First, it is unnecessary and a waste of money to apply for extension of status. If you are in the Immediate Relative category (e.g. spouse of US citizen), you don't have to maintain status and in fact you don't even have to be in status at the time you file I-485. If you are in any category other than Immediate Relative, you don't have to maintain status after I-485 is filed, as long as you were in status when I-485 was filed.

Second, filing B2 extension of status would require you to attach statement detailing your plans to leave. But you don't plan to leave, so this statement would be a lie, and lying is very bad for immigration.