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Where does it say "240 days extension after filing i-539" on USCIS?

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  • Where does it say "240 days extension after filing i-539" on USCIS?

    I filed for a B2 visa extension for my parents. We still have 1 month before their status expiry. I have a receipt number. I have read that once u have a Receipt number u get automatic extension for 240 days from I-94 expiry. But i cant find it on USICS website. They only talk about work permit.

    Does a pending I-539 automatically extend B2 status too? and do you know where can i find this on USCIS website?

  • #2
    No, a pending I-539 or I-129 never extends any type of status. They can stay in the US while their timely-filed I-539 is pending no matter how long it takes (not limited to any number of days), even if they go out of status.

    People getting an extension of worker status like H1b, L1, etc. are authorized to work for 240 days after the I-94 expiry while an extension, but that is only about work authorization, and not about status (those workers still have no status until the I-129 is approved).

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      No, a pending I-539 or I-129 never extends any type of status. They can stay in the US while their timely-filed I-539 is pending no matter how long it takes (not limited to any number of days), even if they go out of status.

      People getting an extension of worker status like H1b, L1, etc. are authorized to work for 240 days after the I-94 expiry while an extension, but that is only about work authorization, and not about status (those workers still have no status until the I-129 is approved).
      Can you point me to where on USCIS can i find this? I want to have a official copy of this being stated? Thanks!

      Comment


      • #4
        Originally posted by thedoctor10 View Post

        Can you point me to where on USCIS can i find this? I want to have a official copy of this being stated? Thanks!
        How about this?

        What if I file for an extension of stay on time but USCIS
        doesn’t make a decision before my I–94 expires?

        Your lawful nonimmigrant status ends, and you are out of status,
        when your Form I-94 expires, even if you have timely applied
        to extend your nonimmigrant status. Generally, as a matter of
        discretion, USCIS will defer any removal proceedings until after
        the petition is adjudicated and USCIS decides your request for
        extension of nonimmigrant status. Nevertheless, DHS may bring a
        removal proceeding against you, even if you have an application for
        extension of status pending.

        Even though you are not actually in a lawful nonimmigrant
        status, you do not accrue “unlawful presence” for purposes of
        inadmissibility under section 212(a)(9)(B) of the Immigration and
        Nationality Act, while your extension of status application is pending
        if it was filed prior to the expiration of your Form I-94.

        Although you are out of status, you may be permitted, depending
        on your classification, to continue your previously authorized
        employment for a maximum period of 240 days while your
        extension application is pending if USCIS receives your application
        before your Form I-94 expires, and you have not violated the terms
        of your nonimmigrant status. You may be required to stop working
        immediately when the first of the following events occurs:
        • 240 days elapses from the date your I-94 expires; or
        • USCIS has made a final decision denying your extension
        application.

        If your application for an extension of stay is approved, the approval
        will relate back to the date your Form I-94 expired, and your status
        while your application is pending will then be considered to have
        been lawful.

        If your application is denied, you may be required to cease
        employment and depart the United States immediately.

        In addition, any nonimmigrant visa in your passport granted in
        connection with your classification becomes void. Once your visa is
        void, you must 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 U.S. Department of State).

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          How about this?
          Thanks!!! Appreciate the help. i saw the document multiple times and just assumed it was for C1 visa only.

          Comment

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