Leaving USA when I-94 for B2 visitor is under processing/pending

[Aval23]

Hello,

If the applicant who is visiting USA on B-2 visa applied for extension of stay (I-539) in USA as the current I-94 expires, can the applicant leave to their homeland (India) while the I-539 is still under process/pending?

If the applicant leaves USA while the I-539 is still under process/pending, what are the consequences in future?

Many thanks in advance !

 

[pontevecchio]

If one leaves before the current I94 expires, no consequences.

[User099]

14 hours ago, Aval23 said:

Hello,

If the applicant who is visiting USA on B-2 visa applied for extension of stay (I-539) in USA as the current I-94 expires, can the applicant leave to their homeland (India) while the I-539 is still under process/pending?

If the applicant leaves USA while the I-539 is still under process/pending, what are the consequences in future?

Many thanks in advance !

 

Yes, they can leave while its pending.

It should not have any impact for the future too, if this is the only time B2 applicant had to do something like this.

[MurthyIndia_Lawyer]

Hi!

In general, if the application to extend status form I-1539 was filed in a timely manner and is pending with the USCIS AND one has not stayed beyond the duration requested on the I-539, it should be safe to travel while the application is still pending. Having an approved extension with I-94 covering the entire duration of stay in the U.S. is always helpful. It is important to retain a copy of the entire filing including the receipt notice. It may come in handy for future applications.