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I-539 results not received while I-94 date is getting close

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  • #16
    Was given one month to stay at immigration, applied for extension

    Hello, I came to the US on July 29 2018 on a B2 visa. This is my 2nd trip to the states. I came here last year in July and left in December. This time the immigration officer gave me one month to stay and wrote August 25th as my return date on the I 94. He also wrote No AOS, COS or EOS on the stamp. I applied for extension last week (i 539) and still awaiting the receipt number. My concern is whether I can stay while awaiting the decision from USCIS or should I leave August 25th? Thank you

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    • #17
      Originally posted by mjkumar View Post
      Hello, I came to the US on July 29 2018 on a B2 visa. This is my 2nd trip to the states. I came here last year in July and left in December. This time the immigration officer gave me one month to stay and wrote August 25th as my return date on the I 94. He also wrote No AOS, COS or EOS on the stamp. I applied for extension last week (i 539) and still awaiting the receipt number. My concern is whether I can stay while awaiting the decision from USCIS or should I leave August 25th? Thank you
      Its always better to open a new thread, if your post is not resolving the originator's question.

      To answer your question: You've "No AOS, COS or EOS" written on the stamp - which means:
      No Adjustment of Status
      No Change of Status
      No Extension of Stay

      So apply for an extension doesn't make any sense at all - it will be definitely rejected & you'll put your current valid visa in jeopardy.

      Do you have any other non-immigrant visa (like H1 or L1) in process?
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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      • #18
        Originally posted by Libra_14 View Post
        Its always better to open a new thread, if your post is not resolving the originator's question.

        To answer your question: You've "No AOS, COS or EOS" written on the stamp - which means:
        No Adjustment of Status
        No Change of Status
        No Extension of Stay

        So apply for an extension doesn't make any sense at all - it will be definitely rejected & you'll put your current valid visa in jeopardy.

        Do you have any other non-immigrant visa (like H1 or L1) in process?
        It's not definite that it will be rejected. That notation is written by CBP and is not binding on USCIS, which adjudicates Extension of Status.

        This is my personal opinion and is not to be construed as legal advice.

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        • #19
          Originally posted by newacct View Post
          It's not definite that it will be rejected. That notation is written by CBP and is not binding on USCIS, which adjudicates Extension of Status.
          Then what is the meaning of noting this in the passport?

          I too had this noted on my passport back in 2009 & I was suggested by attorney to go back on time to avoid any issues later.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          If my opinion helping you, then please do click "like" button below.

          Comment

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