B2 Visa over stayed


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Here is my case :


I switched from H1b to B2 last year  (08-16-2020) and asked for 6 months of timelines which ends on Feb-16-2021, I had lost my passport which I realized in Feb so had to stay back and got it in May this year , I am having lot oh health issues and dont feel safe to travle to India. My Original B2 application which was filed in August last year is still pending with USCIS with missed biometric.Have I overtsayed  given the fact my original B2 was applied in August last year also I dint apply for any extension.Kindly advice what is my situiation and what are the consequences.


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So you filed I-539 for Change of Status to B2 status in August 2020? I am assuming that it was received by USCIS before your H1b status ended (which is the date on your H1b I-94, or 60 days after you left your job, whichever is earlier)? And your I-539 is still pending? And you did not file a second I-539 for B2 Extension of Stay? In that case, you have not accrued any "unlawful presence" so far since you have had a pending, timely-filed, non-frivolous Change of Status application the whole time. If your I-539 is approved or denied, you will start accruing unlawful presence on the day after the decision date. As long as you leave the US before accruing 180 days of unlawful presence, you will not trigger a ban. (You should leave within 33 days of the decision to avoid being put into removal proceedings.) If you leave the US before a decision is made on your I-539, you will not have accrued any unlawful presence. "Overstay" is not a clearly defined term, so it's impossible to answer that question.

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