B2 visa extension approved for shorter than applied, causing an overstay of 10 days.

[sunku447]

Hi All, Need your advice for my situation. My parents came here on B2 visa in 2017 and we have applied for an extension of 3 months before their actual I-94 expires, requesting to extend till February 17 of 2018. And while application was still pending for decision, they left to India on Feb 13.

In March 2019, we received the approval for extension, however the approved I-94 was only till February 3rd 2018. Thus causing an un-intended over stay of 10 days. Now if they wan to come for next visit, will they get deported at Port of entry?

Please advice me what to do now. As this will make, they may never be able to come to USA in future.

[Libra_14]

Do you have copy of I539 response ? i.e. I797A for them?

To be very sure, please share exact dates if possible for:
1. Date extension filed
2. Earlier I94 expiry date
3. Date left from USA - Feb 3rd 2018
4. Date 539 approval received
5. New I94 expiry date - Feb 13th 2018

Prima-fascia there should not be a problem, they might be questioned upon trying to enter USA, they just need to provide these details along with original copy of their earlier approval notice (I797A).

[sunku447]

Hi Libra,

Thank you so much for responding. I have the original approval notice 1-797A for both of them

The actual dates are :


1. Date extension filed : 10/23/2017 : The case receipt date.
2. Earlier I94 expiry date : 11/16/2017. I applied before their original I94 expiry date.
3. Date left from USA - Feb 13rd 2018
4. Date 539 approval received : 03/19/2019 - Received approval 18 months after applying.
5. New I94 expiry date - Feb 3th 2018 -- They only gave approval till 02/03 even though i applied for 02/17. But my parents left on 02/13.

So they left country before we get decision and before the date we applied for extension.

So in this case, would they get deported by any chance? That is the my worry.

[newacct]

What was the Notice Date on the approval notice?

[Libra_14]

Please provide notice date on approval notice.

If it is after Feb 13th 2018, they are be fine entering USA, just mail them their original I797A & ask them to keep those in their handbag for immigration.

They "might" be questioned at-the-max, but they can show original approval notice (I797A) & enter easily.

[sunku447]

Notice date on approval notice is 03/19/2019. Yes it is 13 months after they left to India.

[newacct]

Since they left before their application was decided, their visa was not invalidated, and they can still use that visa to visit if it is unexpired.

[Libra_14]

Notice date on approval notice is 03/19/2019. Yes it is 13 months after they left to India.

They should be fine.

[sunku447]

Thank you so much Libra and Newacct. Thanks a lot for understanding my situation and providing me the advice. Really appreciate your help.

[sunku447]

Update from my side. I called the 800 number and they took a service request to verify the approval date. After 35 days, i got the new approval letter with an extended approved date , exactly as my parents travel date.

So, now their stay will not be considered as Oversaty, and i am happy.

[Libra_14]

Great, thanks for sharing it back to the forum, appreciate it.