Extension Visitor visa - is any of these valid ?

[localmadras]

Known Information:
Visitor visa - Multiple entry valid for 10 years (till 2012)
I-94 - expires on Mar 30 2004
Application for extension-- Feb 10 2004 (assumption)


Which of these assumptions right / wrong ? Pleae help me

1) a person can stay past the i-94 expiration date, IF they have just-applied for visitor-visa-extension before March 30 2004 ?

2) a person can stay ONLY IF they get a receipt from INS for an extension-application ?

3) If extension-application is denied, a person will be out-of-status that hour that day that time ?

4) If extension-application is denied, a person should leave the usa immediately ( within 10 days is just an assumption)

5) If extension-application is denied, even if a person stays more than a single-day, they are treated as OUT-OF-STATUS, and their 10-yr-mul-entry-visa is INVALIDATED right away automatically ?

6) If extension-application is denied, and if person leaves USA 1week from the date-of-denial-letter, person will be questioned/grilled at Departure by INS ?

7) If extension-application is denied, and if person overstayed for 1 week, if they plan to visit USA next time, they have to APPLY FOR A NEW VISA at their home-country ? (even though they had a 10-yr-Mul-entry-visa)

8) If extension-application is denied, and if person overstayed for 1 week from the receipt of denial-letter, AND if they plan to visit USA next time, they cannot PLAN a trip atleast for a GOOD 1 YEAR period ?

9) If extension-application is denied, and if person overstayed for 1 week from the receipt of denial-letter, they will be BARRED to enter USA for 5 years ?

10) if persons exits usa before i-94 expiration, with extension-pending, can they come-back & enter usa in 1 week,1 month ? Will they be questioned in POE about their intentions of coming-back immediately in a week's time or month ?

Iam confused about this whole visa-extension-procedures ? Please help

[immihelp]

1 yes
2 no
3 yes
4 yes, immediately.
5 yes
6 may be
7 yes
8 no such rule
9 no
10 A) Yes. B)May be.

[localmadras]

thanks for the reply Mr/Ms immihelp

immihelp,

thanks for your input.

Bottomline:

"applying for extension is just a game & no matter what leave the country before i-94 expiration"

that will keep all-kind-of-status intact. Is that right ?

Well i was planning to cancel the return-ticket but i will not now.

--localMadras.

[immihelp]

Re: thanks for the reply Mr/Ms immihelp

1. Yes.
2. It is up to you.

[localmadras]

thanks for the info

keep up your wonderful service.

Thanks for taking time to answer all my queries.

[immihelp]

Re: thanks for the info

While you extend the stay, remember to renew visitor medical insurance also.

If you have not already purchased one, you can make instant purchase at www.immihelp.com/insurance

[nishajaisinghani]

waiting for approval of I539.

Hi,

I was reading your answers for the questions that were being asked by a user LocalMadras regarding what happens when you apply for an extension of stay (b1/b2 visitor visa) and it is denied.

I wanted your suggestion on what I should do..

My parents visited me for the very first time in May 2002, they stayed for 6 months and went back in Oct 2002. They had a 1 year visa that time.

They visited me again in April 2003, they were issued a 10 year visa. They were issued a 6 month stamp (quite a few questions were asked before issuing the stamp , but it could be probably because it was a Air India flight and the port was NJ).

We applied for a extension in Sept 2003 (receipt date is 30th sept, which is 19 days before the I94 expired).

We are still waiting for their reply, I keep checking the status on the BCIS website and they are currently processing sept 22nd applications. As per my calculations they should process our application by feb 20th.

We are thinking that they should leave by feb 21st and hopefully if the extension is denied around that time or after that, we would not have overstayed and hence probably there wont be any problem next time they enter. Do you think I am thinking on the right track, can u please expand a little on this fine line i.e. when and why would your 10 year become invalid and who determines that and when,

The other chance that I was thinking of taking is wait until we hear back and hopefully it would be a positive reply and they can go back with a valid I94.

I dont know which is a better option.

Please help me make a wise decision and also please help me understand how the 10 year visa automatically gets invalidated - I mean who does it and when, would they invalidate it when they are departing?

[immihelp]

Re: waiting for approval of I539.

If visa is denied, leave immediately.
If visa is extended, live in US until expiry date.
If you don't hear anything within 1 year of entry into US, prepare to leave by that time.

[nishajaisinghani]

waiting for approval of I539.

If the extension is not approved - there would definately be a time lag between their reply and the time the person leaves, if the person is waiting for their reply.

Q1. Who invalidates the 10 year multiple entry visa that you have.

Q2. When does the invalidation process happen - when you depart?

Q3. Where can you check to determine whether your visa is still valid or not.

[immihelp]

Re: waiting for approval of I539.

1. It is automatic.
2. The moment you get denial.
3. The moment you are denied, it is invalid.

[nishajaisinghani]

I539 denial

My parents are leaving Feb 22nd i.e. this coming Sunday. We still do not know about the extension application i.e. whether it was approved or rejected.

So my question is if I receive a letter after 22nd (which I am thinking would be the case in my scenario), and if they are denied extension and the denial date is after their departure date, still their visa is automatically cancelled.

[immihelp]

Re: I539 denial

No, not in that case.

[nishajaisinghani]

check the validity before coming again

Is there any way to check the validity of the visa before coming to US again to be sure.

Other than the POE is there any other place where we can give the visa number and other details required and see if the visa is valid or not.

[immihelp]

Re: check the validity before coming again

I am not aware of any.

If you come to know, please post here.