B1/B2 Visa status - Validity


chaitanyapingali

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Hi Murthy users,

 

We got an approval for our I-539 for our extension of stay, from 12/20/2015 to 1/1/2016, but the notice date was on March 4, 2016 and my Father left to India on 1/1/2016 (we were sheer lucky), but my Mom left to India on Feb 7th 2016. Does it make her stay illegal as she stayed more than what was approved, but the approval notice came after she left to India. 

Does she have to reapply for a Visa or take her chances at the Port of entry for any future visits, (assuming her old visa is still valid)

We reached out to both USCIS/CBP and the US Embassy in India, and their responses are not clear, in such that, Embassy/USCIS say, if the person left the county while the application hasn't been responded yet, it would mean abandonment of the application, but the timing of the response and the duration of the approval time period itself is contradictory. USCIS says, if we do not have a visa ( coming back to my main question, how to determine validity), we will need to apply for a visa and carry the pproval of extension of status that explains her over stay. 

Please help, if anyone were in a similar situation before?

Thanks

Chaitanya Pingali

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