Extending your b2 stay; beware

[peace999]

According to the 2013 USCIS pdf sheet on extension of stay, if you stay past your original I-94 date, even with a pending extension app.,
you become out of status and your visa becomes void.

So, apply for an extension very early into your stay like apply 3 and half months before your stay expires, as it commonly
takes them 2-3 months to respond to an Ext. app.

[Baywork]

According to the 2013 USCIS pdf sheet on extension of stay, if you stay past your original I-94 date, even with a pending extension app.,
you become out of status and your visa becomes void.

So, apply for an extension very early into your stay like apply 3 and half months before your stay expires, as it commonly
takes them 2-3 months to respond to an Ext. app.

Hey,

Would this effect cases from earlier dates too, or it for future petitions.

I had overstayed on B1/B2 when i had applied for a H1B. The H1B got denied and i ended up staying beyond my B1/B2. I managed to reenter USA too this year on the same B1/B2, but is there any confusion for future entries?

Was it good that i entered and exited, as that makes my last travel record clear of any overstay or related issue.

Thank you.

[peace999]

You are clear for the future as there was no violation on your last visit.

Can you explain more about your overstay;

1.did you have a change of status application to H1 pending during your overstay?
Or was it just an H1 petition that was not approved.

2.What were you asked at the airport during your last visit?

[Baywork]

You are clear for the future as there was no violation on your last visit.

Can you explain more about your overstay;

1.did you have a change of status application to H1 pending during your overstay?
Or was it just an H1 petition that was not approved.

2.What were you asked at the airport during your last visit?

Thank you for your response, Peace999.

Background:
In 2008, i was granted a 3 year H1B (2008-2011). In Sep 2008, i travelled to USA on this H1B. I found a new employer (due to the Financial Crisis the existing employer was shutting down) in November 2008 and they asked me to start from Jan 2009. My existing employer gave me pay stubs and everything, but somehow while switching from 1st company to 2nd, i went out of status (i did not even know) and i was given a Consular Processing note along with visa transfer approval in June 2009. Back in India for Consular Processing in June 2009, i was given a 221G and it never got resolved from there.

I started working in India.

Overstay
In 2011, i was granted a 10 year B1/B2. In Sep 2011, i travelled to USA on B1/B2 (I94 till Mar 2012). In Feb 2012, i found an employer and they filed for H1B recapture (with a Change of Status). This petition went in RFE with a timeline till May 2012. We responded to the RFE in May 2012 (i stayed in US past my I94 date of Mar 2012), and in June 2012 i received an email alert for rejection of my H1B petition. I left the US in June 2012 once i received the notice in physical mail (my employer received the notice, actually).

Re-entry post overstay
In June 2012, i returned to India and started working in India. In March 2013, i again travelled to US on B1/B2 (the same visa i had overstayed on 9 months back). The officer at the Port of Entry gave some puzzled looks and asked me how long did i stay last time. I told him that i left in June 2012, and that i had filed for a visa and it got declined. He was not pleased, he asked me how long did i wait for the visa, 6 months? I told him that i left immediately upon receiving the notice. I asked him if he would like to see the denial notice, he said he would like to see the notice. I showed him the H1B denial letter from USCIS. He then asked me if i intended to file more petitions this time. I replied No. He asked me how long did i intend to stay. He asked me to show him my return ticket. He asked me if i last time intended to enter on B1/B2 and file for H1B. After more such very nervous moments, he agreed to let me enter. (I know this was a very close encounter with deportation / visa cancellation).

I was granted a 6 month I94 till Aug 2013. I stayed in the US for 2 months Mar 2013 and Apr 2013, and i left the US toward the end of Apr 2013. I did not file any petitions, i did not overstay.

This was a clean entry and exit.

Now, in the wake of this new ruling, am i in the dock? Also, had i not made this last trip, then would i have been in trouble as my last visit in that scenario would have had an overstay?

Please advise.

Thank you,
Bay

[peace999]

You have nothing to worry. The next time you enter on your B1/B2, they will only look at your last visit, which is clear.

Actually, there is still confusion over visa void due to overstay (222g) when you have an I539 (extension/change of status) pending.
What happened with you was the practice followed over the years; if one left asap when the denial notice was received, he would
be readmitted provided he could prove that at POE. I think it is still being followed. Do not be unnecessarily alarmed.

And I am not even sure this is a new ruling in 2013 . Maybe the 2012 sheet contained the same language.

In the wake of this confusion, let us be cautious. Apply for an extension early so you get your response before your I94 expires.