I-539 and visa stamps

[HenryC]

We are lucky enough to have been able to bring our nanny out to the US whilst I am on a J-visa. My J-visa has been extended and we are therefore planning to complete an I-539 application to extend her B1 visa. However, she would love to be able to return home (UK) for Christmas, and we are keen to make that possible for her. Her visa stamp expires on 7th Feb, and I-94 on 27th Feb. We have been trying to work out the following:

1. When to enter the I-539 application. This has to be 45days prior to the end of her stay, but is that dictated by the visa stamp or I-94? (ie can we apply when she gets back in early January, and does the I-94 date ever change on return as it seems to be a bit of a random number generator?) As far as we are aware, the I-539 is considered abandoned if she leaves the country during the application.

2. Visa stamps. If the I-539 is approved, is she then stuck in the US? She would presumably be able to leave, but could she get back in to the US without returning to the embassy for interviews, passport submission etc? (ie, if she returned to the UK, would she have to be away for at least 2 weeks to wait for the visa?)

3. Alternatives. Is there any way that she could extend her stay by booking an appointment at the embassy in the UK in Dec/Jan whilst she is back there and seeing whether she is approved? Or do all B1 extensions have to be filed in the US?

 

 

[pontevecchio]

She can apply for the visa when she is there with the same paperwork she had when she got the visa the first time. Visa is a physical stamp in the passport. So you do not have to extend her stay here if she can do that. I suspect it is not a regular B1 but one annotated domestic worker?

[newacct]

5 hours ago, HenryC said:

We are lucky enough to have been able to bring our nanny out to the US whilst I am on a J-visa. My J-visa has been extended and we are therefore planning to complete an I-539 application to extend her B1 visa. However, she would love to be able to return home (UK) for Christmas, and we are keen to make that possible for her. Her visa stamp expires on 7th Feb, and I-94 on 27th Feb. We have been trying to work out the following:

1. When to enter the I-539 application. This has to be 45days prior to the end of her stay, but is that dictated by the visa stamp or I-94? (ie can we apply when she gets back in early January, and does the I-94 date ever change on return as it seems to be a bit of a random number generator?) As far as we are aware, the I-539 is considered abandoned if she leaves the country during the application.

 

It doesn't have to be filed 45 days before the end of her stay. It just needs to be filed before the end of her stay. i.e. as long as it's officially received by USCIS before her status expires. It's when her status expires, as given on her I-94. It has nothing to do with her visa.

 

5 hours ago, HenryC said:

2. Visa stamps. If the I-539 is approved, is she then stuck in the US? She would presumably be able to leave, but could she get back in to the US without returning to the embassy for interviews, passport submission etc? (ie, if she returned to the UK, would she have to be away for at least 2 weeks to wait for the visa?)

She would need an unexpired visa to enter the US, regardless of whether or not she got an extension of status during her previous stay.

 

5 hours ago, HenryC said:

3. Alternatives. Is there any way that she could extend her stay by booking an appointment at the embassy in the UK in Dec/Jan whilst she is back there and seeing whether she is approved? Or do all B1 extensions have to be filed in the US?

 

"Status" is only something that exists when in the US. Extension of Status extends one's status during one particular stay. There is no "status" to extend while outside the US.