B2 Visa Stay Extension with pending passport renewal

[kishireasv]

My Mother’s current I 94 expired on July 22nd 2020. In May 2020 I have applied for her extended stay (I539) until August 25th 2020 which is still pending with USCIS.


Her current indian passport is expiring on August 28th 2020. I have applied for passport extension in indian embassy which we will only get in the first week of September due to current processing delays. Since she is elderly and high risk for travel during this pandemic along with travel restrictions, I am planning to extend her stay till december 2020 so she can travel safely. Please help with the below questions.

1. Can i apply for second extension (I539) while the first extension request is pending ?
2. As my mother’s indian passport renewal is still pending and is expected only in first week of September. Can I apply for second extension in september once i have new passport ? In this case, will her stay between august 25th and September 1st week be considered out of status ?
3. If the second extension is denied later this year say october, Will her stay be considered out of status from her original I94 date expiry (July 22nd) or from the date her request was denied (October 2020) until she travels out of US ?
4. Whats the best way to communicate to USCIS that I cannot apply the extension now as I am waiting for passport renewal ?
5. What is your recommended course of action to prevent issues with her future travel to US?

[R78]

1. YES
2. YES
3. You will get response on the first extension before you do on the second.
4. You cannot. USCIS strictly goes by forms / application submissions.
I would recommend driving to the border if possible to get the extension once she gets her new passport.
5. Just be honest at the interview / CBP. Keep notes. Everyone knows how tough covid has been / people getting stuck / etc. This was not willful and considering her age, she will be OK.

[albert_e]

I recently renewed Indian passport through New York consulate.

I remember reading somewhere that B2 Visitor visa holders are NOT eligible for passport re-issue through the consulate. Namely they can only do it while in India, not abroad.

This may be a rule in normal situation -- but I dont remember reading any pandemic exceptions to this.

Are you sure this reissue will happen as per normal process?

Also the tatkal process for passport reissue should take no more than 10 days -- so you can use that for saving time.