Parents Visitor Visa Extension


Bhavin

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Dear Members,

My parents are currently in USA on B2 Visa with I-94 expiry date on Feb 22, 2017. They have come for the reason of my wife's 2nd delivery. Now the delivery is done and new born is 3.5 months old. My wife is still feeling so much weakness and it will be very difficult for her to take care of my 4 yrs old son and 3.5 months old daughter. So I want to extend my parents stay temporarily for 3 to 5 months. Below are the things we need to take into account :
1) I am on H1B visa and my 6 yrs. max out is in Sep 2017. My Labor/Perm is approved and my employer is in the process of filling I-140. My current I-94 is expiring on 12/31/2016 and my H1B extension is filed and I have the receipt number. Can I apply for my parent's B2 visa extension when my H1B visa extension is in process and not approved ?
2) If we file B2 extension and its result do not come by my parents I-94 expiry i.e. 02/22/2017 then I am aware that my parents can stay until the decision comes but what if decision comes in rejection then will they have to depart on the same day of rejection ? Practically, departing on the same day is not possible and I have read that if they do not depart on the same day then they will be considered Out of Status which will affect their future entries in USA.

Thanks in Advance,

Bhavin

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Pl apply online extension on 23/24 December i.e. Just after expiry of 3 months stay with the ONLY reason - tourism, as you could not visit places due to severe winter. Enclose copies of return flight and your bank balance and leave extension by the employer of your parents in case they are employed. Other supporting docs can be obtained from uscis site. Secondly, you are under the wrong impression that once extension is applied, you can stay till reply is received beyond I-94 date. They become out of status, have to apply for fresh visa and cannot apply for Green card at a future date. Good luck 

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You can apply for an extension in Feb 1st or 2nd week. Your docs should reach USCIS before 2/22/2017. You can apply when your H-1 extension is pending. No issues. You are right. Your parents can stay as long as the decision is pending. If for some reason the extension is denied they have to travel back withing 2 or 3 days. I know same day is not possible. Keep all the receipts in soft copies for future use. You need only one I-539 form for both your parents.

Important: The I-539 fee has changed from this December. It is $370 now.

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On 12/18/2016 at 4:20 AM, Vsubramanyam said:

Pl apply online extension on 23/24 December i.e. Just after expiry of 3 months stay with the ONLY reason - tourism, as you could not visit places due to severe winter. Enclose copies of return flight and your bank balance and leave extension by the employer of your parents in case they are employed. Other supporting docs can be obtained from uscis site. Secondly, you are under the wrong impression that once extension is applied, you can stay till reply is received beyond I-94 date. They become out of status, have to apply for fresh visa and cannot apply for Green card at a future date. Good luck 

You are wrong. If your application is pending with USCIS you can stay legally until a decision has reached.

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4 hours ago, shekar11# said:

You are wrong. If your application is pending with USCIS you can stay legally until a decision has reached.

But, if the decision is a denial, and the old I-94 has expired at the time of the decision, then the visas become invalid, and they would have to apply for new visas.

In this case, since it would be for help in the household, a denial is likely. And lying about it and saying it is "tourism", like somebody suggested, could result in a lifelong ban. Rule #1: Never lie to immigration officials.

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  • 8 months later...

Americans regularly take help from parents during delivery and some household help after birth, but that argument may not fly well with the officer. Yes, you can argue tourism. You can definitely take your parents around for sightseeing and that counts for tourism,

For somebody arguing that this take jobs away from Americans is pure BS. You will hard pressed to find any American citizen nanny, many US families actually end up having nannies across the border. Writing lofty things is message board does not change reality.

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