Visa Extension and re-entry into the United States

[Us3r]

Hey!

I have a 10 year multiple entry B2 visa.

My current stamp is set to expire at the end of August.

I applied for an extension around 2 months ago and I've just realized that I won't be getting a decision for another 2 months which is going to be after my current stamp expires.

Is it fine for me to remain in the country (and also travel from state to state) after my current stamp expires at the end of August if I still haven't gotten a reply on my B2 extension?

Also, is it possible for me to leave the country to go back to Europe this weekend to travel for a few weeks and then return to the United States with just ~10 days remaining on my stamp?

Thanks!

[peace999]

I would not advise you to stay beyond your stamped date . It is a grey area . USCIS in its document says your visa is void once you stay beyond your
I-94 date, even if your extension application is pending. But people have been re-admitted by customs on their next visit even after staying beyond the I-94 date
with a pending extension. Why risk your visa in a controversial issue?

I would suggest you wait till a few days before your last date. Sometimes, the response takes 3 months in total.

About the europe trip; NO you cannot do that. Once you leave US for europe. your original I-94 date will have no meaning any more. Your re-entry will be considered
a new visit and can be denied on the basis " why are you returning so quickly after spending 5 months"? What you are planning can be done
for trips to canada or mexico.

[Us3r]

Alright, thanks.

If I do try to just stay within that grey area and wait for the reply on my extension, will I struggle taking state-to-state flights after my stamp has expired (such as California to Texas).

Thanks!

[peace999]

Like I said, you would be better off leaving before your I-94 date if you do not get a response.
But if you want to stay , you will not have problems flying interstate. They do not check your I-94 on domestic flights.
Just carry your extension application receipt , just in case someone asks.

[Us3r]

Alright, thanks again!