to apply to visa extension BUT I-94 expires in less than 3 weeks - help please

[Alice Miceli]

I am Brazilian visual artist currently in the US attending residency programs for artists. These are fellowship programs and their purpose is to allow emerging artists and writers from the US and abroad the opportunity to have unrestricted time to focus on their creative work. These programs in general provide artists with an apartment, a studio and sometimes a small honorarium to cover basic living expenses, none of which constitute employment of any kind, and artists will do no work in exchange for the grant.

I'm curretly on a B1/B2 visa on my Brazilian passport, which allows for a maximum stay of 6 months. The expiration date on my I-94 is August 6, but I will need to ask for a 6 month extension, until February 2014. That's until when I have been invited to participate in these artist programs (I have all relevant letters from the institutions and foundations inviting me).

I ended up not being able to apply earlier for the extension. Now I fear it might be too close, since the I-94 expiration date is less than 3 weeks away.

Would you have any advice in this situation?

Should I apply as soon as possible for the extension anyway?

What happens in the very likely possibility that my I-94 expires while I am waiting to hear back from them?

Any thoughts on how to proceed would be so much appreciated.

Thank you very much in advance.

[kabkaba]

You must file the application before your I-94 expires and USCIS receipt date must fall before the I-94 date.

Once filed, you are allowed to stay in the US until it remains pending. If approved, your stay will be extended and a new I-94 will be issued. If denied, you will have to leave immediately. Your Visa will in that case be void and you will need to apply for the Visa again for future trips.

[Alice Miceli]

You must file the application before your I-94 expires and USCIS receipt date must fall before the I-94 date.

Once filed, you are allowed to stay in the US until it remains pending. If approved, your stay will be extended and a new I-94 will be issued. If denied, you will have to leave immediately. Your Visa will in that case be void and you will need to apply for the Visa again for future trips.

Thank you so much for getting back to me.

If I apply right away, do you think that there is any possibility that, as you said, at least that the receipt confirmation be issued before August 6 (when the I-94 expires)?

I have all relevant documents and never asked for extensions before, so I think if that happens, my chances are very good in getting the extension and it would be worthy to give it a try. But in the likelihood that there is not enough time now even for receiving the receipt confirmation, than I would not ask for an extension and just have to leave before August 6.

Thanks again.

[peace999]

There is no chance that the response will come before aug. 6. It takes 2-3 months.

However, if you get a denial after your I-94 expires,
your visa is NOT void, as the previous poster has suggested.

You just have to leave immediately, and on your next visit, you have to show
the denial letter to the officer and proof of your timely departure.

To avoid hassles on next visit, if you get a denial, I would suggest you avoid applying for an extension now.
If it is really important, just take the chance.

[Alice Miceli]

There is no chance that the response will come before aug. 6. It takes 2-3 months.

However, if you get a denial after your I-94 expires,
your visa is NOT void, as the previous poster has suggested.

You just have to leave immediately, and on your next visit, you have to show
the denial letter to the officer and proof of your timely departure.

To avoid hassles on next visit, if you get a denial, I would suggest you avoid applying for an extension now.
If it is really important, just take the chance.

Hi, thank you very much for getting back to me on this. It is important, I'd like to avoid having to leave now, if at all possible. I think my chances are ok in getting the extension approved (I have all relevant documents and good reasons).

However, my concern is in applying for the extension, do you think there is any chance that at least the confirmation receipt (not the final answer) be issued before August 6? (As according to the previous poster, once the application is filed and confirmation receipt received before I-94 expiration date, I'd be allowed to stay in the US until it remains pending).

Thank you!


PS - I forgot to mention in my answer that I am doing the whole process online. That seems to speed things up?

[kabkaba]

If electronic filing is available, you get the same receipt date as filing date and you can get that before Aug 6. Decision is very highly unlikely to come before expiry.

[Alice Miceli]

If electronic filing is available, you get the same receipt date as filing date and you can get that before Aug 6. Decision is very highly unlikely to come before expiry.

Thanks again. Yes, electronic filing is available and it is an option for my case - I can do it.

So, I'd be able to get the same receipt date as filing date, for instance even today. That would be before I-94 expiration date Aug 6, in which case, then, I'd be able to remain in the United States totally legally while my application is pending until their final answer, even if that answer only comes after Aug 6 - is that correct?

Many thanks for all the help.

[kabkaba]

That is correct.

[Alice Miceli]

That is correct.

OK! So electronic filing online is the best option, in order to get the same receipt date as filing date, and all still in time before my I-94 expiration date, what will allow me to remain in the United States while my application is pending -- thank you so much for helping me out clarifying this.

I'd have one more question in relationship to this process: I gather that the pending status might take months until it is updated to a final answer. So, while it'd be ok for me to stay past i-94 expiration once stay extension is electronically filed and received (before I-94 expiration), what would happen if my application is rejected?

I assume of course I'd have to leave immediately, but would that revoke my current visa (which is valid for 10 years)?

[kabkaba]

Already answered in my original reply.

[Alice Miceli]

Thank you both for all the input in this issue -- it was really very helpful.
The visa extension form is filed via the electronic application, and was immediately received and processed. All is in order for staying in the US past the original expiration date of the I-94 form and until the final answer to the extension application is issued.

One additional question:

What if during this time -- between receipt of stay-extension application (July 19), I-94 expiration (Aug 6) and application final answer (possibly in two months) -- I were for instance to go to Mexico City for tourism for a few days, during the week of August 6?

Coincidentally friends invited me to spend some time in Mexico City, but I'd be uncertain if it would be ok to leave in this context, even if to a land border like Mexico. ??

Thank you again.

[kabkaba]

No, you should not leave the US when extension/change of status application is pending.