Extending parents visa-recieved I-797C

[thamps]

Hi All,

 

My parents i-94 is expiring on March 9th 2015 and they are on B2 visitor visa. I have filed an extension for 3 more months. I got the Form I-797C notification of action stating the I-539 form is received and is in progress. Does this mean they can stay in US beyond current I-94 (march 9th)  expiry and till the decision comes?

 

Also if the petition is rejected will their Current B2 Visa will be cancelled?

 

thanks,

thamps

[pontevecchio]

If they overstay the I94 and the EOS is denied subsequently, the current visa is deemed invalid. In that case they will need a new visa .

[rahul412]

Yes they can stay while their application is process, but if that gets rejected then they need to leave US immediately.

[JoeF]

They can stay based on the receipt notice.

But, if they stay past the I-94 expiration, and the application gets denied, their current B2 visas will be invalid automatically.

[jairichi]

Yes, they can stay till a decision is taken by USCIS on their extension. If they leave after denial their current valid B2 visa stands canceled.

[luck2u]

I have below question regarding B1/B2 extension...

 

If parents leave USA after applying extension of stay (I-539) and before the decision is made (i.e., after I-94 expiration date with pending I-539), still do they need to attend for their visa again before their next trip even though the current B1/B2 visa is valid for another 6 years?

 

Thanks inadvance!!

[jairichi]

I have below question regarding B1/B2 extension...

 

If parents leave USA after applying extension of stay (I-539) and before the decision is made (i.e., after I-94 expiration date with pending I-539), still do they need to attend for their visa again before their next trip even though the current B1/B2 visa is valid for another 6 years?

 

Thanks inadvance!!

If they left before a decision is taken on their I94 extension their visas are fine but they will be scrutinized more during their next travel.

[luck2u]

@jairichi:

Thanks for your quick response!!

 

You mean leaving USA after current I-94 expiration and before the decision (extension of stay decision by USCIS) need not necessary to attend for B1/B2 visa again before their next trip as they have valid B1/B2 visa for another 6 years? But will be questioned during port of entry?

 

Pls confirm.

[thamps]

Thanks for the all updates. the extension of visa has been accepted two months back and still there is no confirmation on approval. Can I claim the tax benefit for my parents as i was taking care of their expense for past 6+ months. is there any chance the visa extension will rejected if i claim the tax benefit ?

 

thanks,

Nishad

[rahul412]

Thanks for the all updates. the extension of visa has been accepted two months back and still there is no confirmation on approval. Can I claim the tax benefit for my parents as i was taking care of their expense for past 6+ months. is there any chance the visa extension will rejected if i claim the tax benefit ?

 

thanks,

Nishad

You cannot claim tax benefits since they are not on dependent status.

[jairichi]

@jairichi:

Thanks for your quick response!!

 

You mean leaving USA after current I-94 expiration and before the decision (extension of stay decision by USCIS) need not necessary to attend for B1/B2 visa again before their next trip as they have valid B1/B2 visa for another 6 years? But will be questioned during port of entry?

 

Pls confirm.

That is correct.