b2 parents visa query

[vanipk]

My parents were in US on B2-status and there I-94 expired, We had filed extension application 45 days before I-94 expired.we have receipt notice and 13-digit case number by Uscis which is proof of existing I-539 document in process. But the  application was filed for 3 month extension which will be ending on May 1st.. Given the current situation in India, we want our parents to stay 3 more months here.Is it legal to stay for the whole 6 months  as we filed  I-539, even though the application was filed for 3 months? Please advise

 

[Khushbu Hrishi Shah]

My in-laws are visiting us and their duration of stay (6 months) is about to expire on 5/22/21.

We had filed an extension of stay application (on 4/7/21, 45 days prior to 5/22/21) since any travel seems unfavourable from a health perspective currently due to their age. We have received the initial notice (on 4/22/21) stating that the application has been received and is being processed. We tried calling USCIS but the bot didn't let us connect to a live agent citing that all help is available via online tools.

Their original travel plan had departure on 5/17/21, but the airline (Air India) has postponed their tickets to 6/4/21 citing operational reasons.

 

Questions:

1) Can they continue to stay in the country if their extension of stay application is pending with USCIS and the original D/S expires?

2) Are there any means to connect to USCIS or otherwise get the processing expedited?

3) Would there be any impact to their future admittance to the US if they stay after the D/S expires?

 

Any guidance in this matter would be appreciated!

 

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Regards,

Khushbu Shah

[sgrcres]

Khushbu Shah:  1.  They can stay pending the duration of stay .

2.  Try going to the nearest USCIS field office in person to check the status.

3.  If the D/s is granted, there will be no issues, however if D/s was denied for some unknown reason, then they could have problems reentering US or face problems renewing their visas.  However in this case due to Covid, it is likely that they will get the extension.  Make sure that they do not stay beyond the extension date period.

Vanipk:  It is advisable not to stay beyond the 3 month extension period.