B2 Visa Extension Validity


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Hello,

I have a question regarding validity of stay in US when the B2 extension has been filed but the answer to petition is pending. 

I and my wife came to US on December 19 2020, the I-94 date of validity was June 18, 2021. Due to medical reasons we had to extend our stay and thus we filed the I-539 extension before I-94 expiration. The status of our extension is still pending. I had the following 3 questions - 

1. If the answer to our petition of extension is still pending, till what duration can we stay?

2. If the petition is approved, till what duration can we stay?

3. If the petition is denied, how many days do we have before we need to leave US?

Could you please enlighten us regarding the same?

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1. indefinitely. There is no time limit

2. Until the expiration of the new I-94 granted by the extension. This is usually 6 months (so until about December 18, 2021), but it could be shorter. This also means that if you intend to stay after December 18, 2021, and your first Extension of Stay is still pending, you should file a second Extension of Stay. Otherwise, if you don't, then even if your first Extension of Stay is approved, you would have to leave immediately after approval, because the granted I-94 would already be expired.

3. None, in the sense that you accrue unlawful presence immediately upon the date of the denial. So by the time you receive the notice, you have already accrued some days of unlawful presence. But unlawful presence only causes a ban if you leave the US after accruing more than 180 days of it. So you have plenty of time to leave the US and not trigger an unlawful presence ban. There is another policy to issue NTA (Notice to Appear for removal proceedings) for people who haven't left 33 days after a denial if they haven't appealed. So if you don't intend to appeal, you should leave within 30 days to avoid an NTA.

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Basically, if you are here in the USA past the existing I94 and they deny your extension, your visa is rendered invalid for future visits and you will need to reapply for future visits.

1. You can stay till they decide.

2. till the duration mentioned in the approval.

3. They may give you 30 days though the visa is still rendered invalid for future use.

What sort of medical emergency? you do not need to answer. 

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