I-539 Extension of Stay Application from my last visit is still pending. Can I re-visit the U.S.?

I have B1/B2 visa. When I visited the US last time, I applied for an extension of stay. I received the Receipt Notice, but I returned to my home country before the case is approved.

It has been about two month, and I need to go to U.S. for business travel. When i checked my previouse I-539 extension of stay application, it was still pending.

Can I visit U.S. again?

b1-b2-visas

Best Answer

The Extension of Status application was automatically abandoned and moot when you left the US. ("Status" only exists when you are in the US, for a particular stay, and once you left the US, there was no "status" to "extend" anymore.) To enter the US again, you will be entering anew on the basis of your visa, and you will be granted a new status and period of stay based on your visa, and it is unrelated to your previous stay.

If you had departed after your previous status expired, you should bring your I-539 receipt to show that you were legally staying for that period of time because you had a pending application.

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Can I stay in the US while my I-539 is pending?

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 I stay in US while my extension is pending?

Further, once your original nonimmigrant status expires, even though you will generally be allowed to remain in the U.S. while your extension of stay application is pending, you will not be deemed to be in any new nonimmigrant status until such time as we may approve your change of status application.

Can I travel while waiting for visa extension?

If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U.S. until your H-1B petition is approved.

Can I leave us while waiting for visa extension?

Once you submit your application for an extension of status, you are permitted to remain in the U.S. until you receive a decision from U.S. Citizenship and Immigration Services (USCIS)\u2014even if your permitted stay expires while USCIS is considering your application.

What To Do If You Leave The US While Your I-539 Extension of Stay Application is Still Pending

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