My spouse I-94 expired on Aug 15 2009. We realized her out-of-status after 2.5 months. We since then filed for a I-539 (nunc-pro-tunc) in Oct '09. The application is still pending. We have a receipt (Nov '09) that USCIS has recived the application. The primary (I-797 ) is approved and is staying legally.
I just have few questions on our case for different situations that we foresee.
1. If application is still pending with USCIS by the 180 day period, should she leave US by 180 day time period to have her passport stamped ?
2. If we waited over 180 days to receive the final I-539 status. And her application gets rejected after that. Is it viewed as she was out-of-status for the entire 180 days period? Will she likely get a 3 year ban from entering US then?
3. Can lawyers based on their experience kindly post how many days it takes approximately to get a final approval or rejection from USCIS for the California Service Center (from RECEIPT date).
Appreicate your reponse to my post. It is going to clear lot of unknowns for us.