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solrac

I539 is pending and the I94 is about to expire

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Hi.

My company submited the extension (I539) for me and my wife that is my dependant, I already get the extension for 3 years but the status of my wife's application is still pending, her current I94 expire on February 10th, what do you recommend, she have to leave the US? and in case that she stay, it may be a reason to deny the new visa stamp when we go to Mexico? (we have a TN visa). thank you!!!

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Does your company not use a lawyer and did you not talk to the lawyer? The pending EOS for her keeps her legal. Either you wait for the approval of the EOS or she can leave and return with the VISA. Why do you think there would be any problem with her visa?

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She is legal while the extension is pending, even if the I-94 expires. It won't have any effect on visa stamping.

 

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