I-539 filed; decision pending while Green card application interview is also pending

I-539 filed; decision pending while Green card application interview is also pending - Focused woman writing in clipboard while hiring candidate

In March 2020, my wife traveled on her valid B2 visa to USA to visit me while her green card application was pending. In April 2020, we received an update from NVC that my wife's documents have been accepted and the case is now with Mumbai embassy and they will call to schedule an interview. However, due to COVID the Mumbai embassy stopped scheduling any visa interviews. Then we filed for I-539 to extend her stay while we wait for Mumbai embassy to open up.

My question is - if she leaves the US before her I-539 is approved/denied then will she be able to re-enter USA on her B-2 visa or would that visa be voided? Note - her I-94 expires on Sept 3rd 2020.

Also, does denial of I-539 or overstay past her I-94 date be considered during her interview at the Mumbai Embassy?

Facts -

-She came to USA on March 4th 2020 -I-94 expires on Sept 3rd -I-539 applied on Aug 7th -USCIS confirmed that they will make a decision by mid-Nov 2020 or mid-Jan 2021

Thanks in advance for all your help!






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What happens if I leave the US while my 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.

How long does USCIS take to respond to I-539?

I-539 petitions sent to the California Service Center take 1 \u2013 5 months to process, while petitions sent to the Nebraska Service Center take 6 \u2013 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.

Can you stay in the US while your green card application is pending?

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

How long does it take to get decision after green card interview?

Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.



What To Do If A Case Is Still pending After The USCIS Interview?




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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