B2 Visa Extension I-539
My mother came to US on tourist visa in Jan 2020, applied for her extension of stay (form I-539) in June 2020, the application is still pending and her 1 year in US would complete in January 2021.
1). Can one stay in US until application is pending ?
2). Suppose USCIS approve the application in Feb 2021, till what date will they approve the extension January(end of 6 months of extension) or the day they approve the application) ?
Best Answer
- Yes. But if she will stay past the date she requested for her first Extension of Stay, she should file a second Extension of Stay before the end date requested for her first Extension of Stay.
- I believe it will be at most until 6 months after her previous status expired (i.e. until January 2021 if her I-94 expired in July 2020).
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How long can you extend stay with I-539?
What If My Form I-539 is Pending and My I-94 Expired? If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days. You need to have followed and continue following the terms of your status.Can you stay in the US longer with an I-539 application?
If you want to stay in the U.S. beyond the time limit of your current visa, you may be able to file an I-539 application to extend or change your visa status.Can I leave while I-539 is pending?
If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.Can a B2 visa be extended?
A B2 visa can be extended by filing Form I-539, Application to Extend/Change Nonimmigrant Status with the USCIS.I-539 - How to Extend Visa (Visitor Visa Extension)
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