Filing i539 Extension 10 days before i94 expiry

[anishk]

Hi ,

I'm planning to extend my parents stay here in the USA for another 3 months after their 6 month stay. Their i94 expires on 06/01/2023, I'm planning to apply on 05/22/2023. which is around 10 days before their i94 expires. According to USCIS instructions, the recommendation is to file for extension 45 days before the i94 expiry.

Is it risky for my parents future travel if we apply now and they stay beyond the expiration date without receiving a receipt before the i94 expiration? And what happens if the extension is denied?

[newacct]

As long as the application is officially received by USCIS on 6/1/2023 or before, it is properly filed, and they can stay in the US for as long as it is pending. They won't get the receipt for a few more days, but when they get it, they will know from the received date on the receipt whether they filed on time.

If they leave while the application is pending (which is likely since I-539 processing times can be more than half a year), there is no problem. If their application is denied while they are still in the US, they need to leave ASAP, they start accruing unlawful presence after the date of the denial, and their visa is voided.