Filing extension for B1/B2 visa after I 94 has expired

[agusgorr]

Hi, I applied for an extension of my B1/B2 visa prior to the 6 months expiration date on my I 94 and it was approved. But I still had a pending change of status so I had to apply once again for an extension. Which I did after 25 days the first extension had expired. I stayed in the US until I received the denial notice because of this same reason (I had applied 25 days later). Once I received the denial I left the country. I wonder if I can still go back to the US with the receipts or am I going to have an issue because there were 25 days in which I was "out of status" Thanks so much

[newacct]

It's normal to be out of status during a pending Extension of Stay or Change of Status application. It doesn't mean anything.

You said you had a pending Change of Status. Assuming your Change of Status was filed before the end of your approved extension, you did not accrue unlawful presence while that Change of Status application was pending. You were allowed to stay in the US for as long as your Change of Status application was pending.

[agusgorr]

Yes correct, it was sent before the end of the approved extension, so makes sense. But now, why did I have to file extension after extension of my Visitor visa if I had filed a a change of status as well?

[agusgorr]

Wasn’t I able to stay in the US only with the petition of change of status? Without needing to apply for 3 extensions..

[newacct]

What status were you changing to? For a while there was a policy that, for a B2 to F1 change of status, if the start date is postponed due to the change of status taking a long time, the change of status would only be approved if you maintained status until the new start date. This forced people to file B2 extensions of stay during that time, or the change of status to F1 will be denied. (They have since reversed that policy.)

[agusgorr]

Wow yes I was changing from b1/b2 to F1 and that very much relates to my case, thank you!