B2 Visa Extension and I-94 Card Expiry

[Pendejo]

Hello, I hope I can get some input into my situation.

My partner and I were both working in the US on H1B visas. Her H1B visa is still valid while mine expired in June 2008. As we were planning on leaving the US last year I filed for a change of status to B2 visa with the USCIS before my H1B expired. I also requested an extension of stay in this B2 visa category until December 2008.

I did not receive a decision from the USCIS about my application by December 2008 and we remained in the US for personal reasons. I understood that I was still in good standing to remain in the US while my change of status application was still being processed.

Last week I received an email from the USCIS saying that my change of status application to a B2 visa was approved but so far I have received no official letter in the mail. Therefore I have no idea what the expiry date is on my new I-94 card.

I now wish to extend my B2 visa for a few more months for personal reasons. But I am afraid that my new I-94 card will have an expiry date of December 2008 and that I will have 30 days to leave the country. Does anyone know if this will be the case? Or will my new I-94 card have an expiry date for some day in the future?

Also please advise me on how to go about filing for an extension of B2 visa status if I have stayed past my I-94 expiry date in these circumstances.

Thanks in advance.

[txh1b]

I am afraid you will not be able to get another extension. You have to leave immediately or will continue to accumulate illegal stay.

[Pendejo]

I am afraid you will not be able to get another extension. You have to leave immediately or will continue to accumulate illegal stay.

How is my stay illegal? Also I applied for change of status and not an extension. I am confused by your answer.

I submitted my change of status request before my H1B I-94 card expired and have not violated my nonimmigrant status. My application to change to this B2 visa status was approved recently but I have not received the letter from USCIS yet and therefore do not know the departure date on my new I-94 card.

My question is will the USCIS give me a new I-94 card with an expiry date of December 2008 which is what I requested in my original change of status application or will they issue a new I-94 card with a future expiry date?

Thanks.

[txh1b]

The I-94 will most likely be the date that you requested it until hence my answer. There is no 30 day grace period. You accumulate illegal stay as soon as the I-94 expires and if the I-94 expired, no other extensions or status changes are permitted.