b2 extension pending - emergency exit

[neeta9]

My mom came to US and got 6 months on her I-94. I applied for her extension for another 6 months and got the receipt notice on feb 1,2017. Her current I-94 is valid until Feb 27, 2017. Meanwhile her mother passed away and she had to leave US last week due to emergency. Now can she come back 1 day before her I-94 expires and get another 6 months at POE since she has the death certificate and valid reason to leave US.

Or is better for her to stay in India for 1 or 2 months and then come back to US after some gap to re-enter for 6 more months. Which is a better option? What happens to her extension that is pending decision now that she left US? Will it still be processed and can she come back using that?

[newacct]

An I-94 is only applicable to a particular stay. Once she left the US, her last stay's I-94 is no longer relevant. The extension of status is also no longer relevant, as there is no longer any status to extend.

When she returns (it makes no difference if she returns before or after a previous stay's I-94's expiry), she will be seeking a new entry from scratch on the basis of her visa, and the immigration officer will make a new determination from scratch as to whether to let her in and how long to admit her for. B2 entries are usually admitted for 6 months, but the officer can chooser a shorter time. It's all up to the officer.