Ref : B2 VISA extension : I-539 extend stay until 12-25-2021
Current status : Bio Metrics provided
My mother came to USA on 26 Dec 2020 Her initial I94 was valid till 26th June 2021.
Due to Corona, we have applied for initial B2 VISA Extension of stay I-539 requested until 26th Dec 2021.
We have provided bio-metrics during Sep 2021.
After that no update on the case. Her I-539, Application is still pending with USCIS.
We would like to evaluate and seek advice on the following options :
Option # 1 : Can we file another extension request further pushing the stay (2nd extension) - on medical grounds?even while waiting for the decision on the first one. If so, is it considered a lawful stay which is beyond 1 year ?
Query : Does 240 days rule apply here ?
Option # 2 : Is it suggestible to leave the country by requested extension date ?
Appreciate any response.
Thank you
You can file another EOS while one is pending however with B2 it is hit or miss. I would advise not to do 2nd extension unless you have a solid reason for extension and can submit supporting documentation with the 2nd extension application. Any approved extension will be lawful stay. If you end up filing 2nd extension make sure you file it before the stay for 1st requested extension is supposed to end.
This rule do not apply to B2.
Yes, leave before the end date of the 1st extension that you requested and which is still pending.
1 Like
Thank you for the response Kalpesh.
as per your advice, will try to make arrangements for her return.
It seems there is no flight available until 30 Dec 2021, Where as 25 Dec 2021 is her last date of initial extension of stay requested.
Will the difference of these 5 days becomes any bottle neck in current / future travel (or) any immigration aspects ?
Can you please suggest on this approach.
Any type of overstay should be avoided if possible so there are no issues at port of entry during next visit or during next visa stamping.
Got it Kalpesh. Will try our best to avoid any overstay.