Expiring I-94 for B-2 Visa - Filed for Extension - Advise Please

[kishoregk]

Hi Experts,

Would really appreciate your guidance to the following situation

My mom is here in USA (California) on B-2 Visitor's Visa and her 1-94 will expire on July 11th, 2012 and we already filed for her extension by filinng Form I-539 for which we recieved the Reciept Letter on June 8th, 2012 but the case is still in processing (Initial Review) state as per the the Application Status information on the Online Tracking site (http://www.immihelp.com/processing-t...atus-check.jsp) provided by you guys (Thanks a lot and really appreciate for that)


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Initial Review

On June 8, 2012, we received this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

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In this situation, does she have to leave the country on or before July 11th, 2012 even if the application status is pending. Please advise.

Detailed inforamtion in this regard would be highly appreciated.


Thank You

Reg,
Krish

[peace999]

As long as her extension application is pending, she is legal even if her I-94 expires.
If she receives a positive response (response takes 2-3 months) , she will get a new I-94 with a new expiry date,
and all will be fine.
If she receives a denial of extension after her I-94 expires, she will have to leave asap as she will become out of status.
In this case , she should save the denial letter and her boarding passes to show at entry on her next visit.
That is because they may question why she left after her I-94 expiry.

Tips about extension of B1/B2;

1.Apply for extension 3 months before the I-94 expiry date.
That way, the response will come before the I-94 expiry date and if it is a denial, there won't be
any panic about leaving asap.

2. If parents wish to apply again in India for their B1/B2 after the expiry of current one, they should not apply for extension
on every visit. This can result in a denial of a new b1/B2.

[krismede]

Does Visa gets void if visa extension is denied?

Hi Peace999

My parents are in similar situation as Krish.
The question if my parents stay back even after I94 expires and then gets a rejection letter, does it void their 10 yr multiple entry visa?
Please help as their I94 is expiring on Oct 10 2012 and we have not received any response yet.
Thanks,
KM

[kabkaba]

Yes, it will void the Visa and make it more difficult to obtain one next time.