B2 Visa Extension

[Ravi Param]

Hi, I have applied for my mother’s B2 visa extension and petition is not approved/rejected. Her I94 expired on 27^th November 2018.

I submitted extension only for 3 months i.e. till Jan 23^rd 2019 . Can she stay till February 1^st 2019  if her petition is pending for decision ?

Please help. Thanks in Advance.

[care_candidate]

B2 visa holder cannot stay longer than 6 months at a time. Anything beyond that is considered out of status.

[Ravi Param]

Thanks for the reply. Forgot to mention that I have submitted I-539, Application To extend/Change Nonimmigrant Status on Oct 1st 2018 which is 2 months before I94 expired. Application status is still in received status and there is no change to application status till now.  

Just wanted to know whether 240 day rule will apply for B2 visa extension. Please help. 

[newacct]

6 hours ago, Ravi Param said:

Thanks for the reply. Forgot to mention that I have submitted I-539, Application To extend/Change Nonimmigrant Status on Oct 1st 2018 which is 2 months before I94 expired. Application status is still in received status and there is no change to application status till now.  

Just wanted to know whether 240 day rule will apply for B2 visa extension. Please help. 

240 days is talking about being authorized to work for 240 days after I-94 expiry for people in work status who have a pending extension. B2 cannot work, so that is irrelevant.

People in any status can stay for an unlimited amount of time after I-94 expiry during a pending Change of Status or Extension of Status application.