Leaving U.S. when I539-EOS is pending

[sudbon2784]

Hi All,

 

My mother is on B2 visa. Her I-94 expired on June 26th and I applied for B2 extension on the first week of June. I requested for extension until Sept 15th. But she is leaving on Aug 30th. The case is still pending. In case if I do not hear the decision by Aug 30,  does she need to submit a copy of I539 receipt along with her expired I-94 card?

Once she reaches India, do I need to send any copies to immigration office here in US confirming her departure (like boarding pass, immigration stamp from India in her passport etc.)?

 

Thanks.

 

[jairichi]

Not required. Once she leaves US it automatically gets updated. But, you do realize that it will be tough for your mom to enter US again as she stayed more than the date mentioned in I94?

[pontevecchio]

1. Her current visa is intact.

2. This will not impact future trips unless too frequent and at too short intervals.

[jairichi]

1. Her current visa is intact.

2. This will not impact future trips unless too frequent and at too short intervals.

Pontevecchio, isn't his mom's stay beyond I94 expiry affect future entry into US?

[sudbon2784]

Thank you for your replies. She don't have any plans to visit U.S in the near future. I may invite her for my graduation ceremony (May 2014), which is not sure as of now.

[pontevecchio]

In case she does not hear from the UACIS by the time she leaves her visa is considered valid.

[pontevecchio]

To add if the denial comes before August,30 she will need another visa to come back. If the decision is delayed beyond her departure she retains the visa.

[sudbon2784]

@pontevecchio:  Thank you for the information.

[KumarC]

Do we need to apply extension before 45 days of her I-94 expires? My mom's I-94 expires on Oct 11'th. I want her to stay till novmember 30'th. Please let me know.

[pontevecchio]

@kumarC, You do know the risk of denial of the EOS after the I94 expires and she is still here? If you want to go ahead maybe file in the third week of September asking for a 3 month extension and most likely she will be able to leave before the decision with no harm.

[KumarC]

Thanks pontevecchio. I was under the impression that EOS should be filed 45 days before I-94 expiration date.Is it not correct? If that is not right, i will wait till 3'rd week of september. 

[pontevecchio]

They do recommend 45 days.  If you file sooner she may get the decision before the I94 is expires. If you file later on she could leave before the decision. YMMV. File it today or later. Just my take.

[sudbon2784]

My mom left US on Aug 30th and she submitted her I-94 (with expiry data June 26) to airline authorities. The case status for her I539 -EOS application in the USCIS website still says "Initial Review".

 

I would like to know if I need to submit any documents to USCIS at this time? Do I need to cancel pending I-539? 

 

Thanks again.

[piotrbakker]

I was also looking for an answer to your last question sudbon2784. Apparently the case reviewer will check whether the applicant is still in the country before making the decision. If not than the application will just be discarded. I would appreciate if anyone could verify that information.

[Alejandra Morreo]

All,

I found out today that a notice of RFE for my I-539 EOS is being sent my way. I applied before my I-94 expires but since I’m too close now to the expiration date of the I-94, I decided to go out of the U.S and back in like I had done in previous years when renewing my I-94.

My questions are: When I depart the US will this count as a withdrawal of my case, or do I have to formally withdraw it by sending the letter to USCIS? Will it count as a withdrawal or a denial because I abandoned the application? Understanding which term applies to my case is truly important since I’m concerned about ny re-entry into the U.S. 

I decided to leave and come back in before the I-94 expires because I wanted to be in compliance and not overstay. And I didn’t know the I-539 could take so long 6-9 months is what I found out after I had applied. 

I would greatly appreciate if I can receive an answer before I leave next Friday December 1st 2017.

Thank you very much!