Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Extension for visitor visa Myth - Revealed.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Extension for visitor visa Myth - Revealed.

    What if I file on time but USCIS doesn’t make a decision
    before my I-94 expires?


    If we receive your application before your status expires, and
    if you have not violated the terms of your status, and you meet
    the basic eligibility requirements, then you may continue your
    previously approved activities in the U.S., including previously
    authorized work, for a period of up to 240 days, or until we make
    a decision on your application or until the reason for your requested
    extension has been accomplished – whichever comes first.
    Further, once your original nonimmigrant status expires, even though
    you generally will be allowed to remain in the U.S. while your extension
    of stay application is pending. You will not be deemed to be in
    any nonimmigrant status until such time as we may approve your
    extension of stay.

    If your application for extension is denied after your previously
    approved stay has already expired and while you are still in the
    U.S., you will be considered to have been “out of status” as of the
    date your period of stay expired
    , and will be required to cease
    employment (if such employment was authorized) and depart from
    the U.S. immediately upon denial of your application. In addition,
    any nonimmigrant visa in your passport granted in connection with
    such classification becomes void at the end of the period of authorized
    stay
    . Once your visa is void, you will be required to submit any
    new visa application at a U.S. consulate in your home country (not a
    third country, except in rare instances as determined by the
    State Department).

    source: http://www.uscis.gov/files/article/C1eng.pdf
    Last edited by PraetorianXI; 06-02-2009, 06:39 PM. Reason: update USCIS Link
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

  • #2
    as to what the myth was? Did the official source for this never exist?
    Last edited by txh1b; 06-15-2008, 10:47 AM.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      as to what the myth was? Did the official source for this never exist?
      It did. But there seem to be two different schools of thought.

      One that says once the extension is denied past i-94 expiration, you are still in status for 30 days and your visa is not void. And one (the right one) that says the opposite.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

      Comment


      • #4
        Thanks for the OP.

        Comment


        • #5
          Originally posted by PraetorianXI
          It did. But there seem to be two different schools of thought.
          Oh ok. Thanks for the clarification. I have always believed in the latter and have advised people about it the right way so far.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Extension of stay neither approved or denied

            The extension of stay neither approved or denied. But my friend has already left US before the USCIS made decision. Will it affect his visa while re entering US?
            Thanks

            Comment


            • #7
              Originally posted by yohanna
              The extension of stay neither approved or denied. But my friend has already left US before the USCIS made decision. Will it affect his visa while re entering US?
              Thanks
              If he exceeded the date on the issued I-94, it would.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Originally posted by txh1b
                If he exceeded the date on the issued I-94, it would.
                Does this mean his current visa is void? But his stay in the US is less than 180 days.

                Thanks

                Comment


                • #9
                  Did you read the first post by Praetorian? 180 days or more results in 3 year ban. An overstay results in visa being void and they have to apply again.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Thanks for replying. i do hope he will be able get another visa. He has multiple entry btw.
                    thanks again!

                    Comment


                    • #11
                      Originally posted by yohanna
                      i do hope he will be able get another visa.
                      Provided he has a genuine reason for the overstay and carries proof that he has applied for an extension and left as soon as he finished his business causing the delay even before USCIS could act on his petition.

                      He needs to save his boarding pass/ticket from the airline.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Originally posted by txh1b
                        Provided he has a genuine reason for the overstay and carries proof that he has applied for an extension and left as soon as he finished his business causing the delay even before USCIS could act on his petition.

                        He needs to save his boarding pass/ticket from the airline.
                        Yes. He still has the boarding pass and the receipt notice from USCIS.

                        Comment

                        {{modal[0].title}}

                        X

                        {{modal[0].content}}

                        {{promo.content}}

                        Working...
                        X