I-539 Pending Status

[ankurmdh]

Hi All,

I applied for 1 Month B-2 Visa extension for my mother 45 days earlier. Her current I-94 is expired, and even the travel date is coming for her to return back. I understand that, now when she leave US, the application would be in abondoned status. My Question is, can she travel back to US after 7-8 months with the same visa provided I will keep all the proof of application, travel details etc.

Any inputs on this will be really helpful.

Thanks
AP.

[newacct]

Hi All,

I applied for 1 Month B-2 Visa extension for my mother 45 days earlier. Her current I-94 is expired, and even the travel date is coming for her to return back. I understand that, now when she leave US, the application would be in abondoned status. My Question is, can she travel back to US after 7-8 months with the same visa provided I will keep all the proof of application, travel details etc.

Any inputs on this will be really helpful.

Thanks
AP.

yes

[ankurmdh]

yes

Thanks, for the reply! Will the current B2 Visa be voided in such a case? I heard, that current Visa is voided, and then we need to re-apply for US visa.

[scientist2016]

Thanks, for the reply! Will the current B2 Visa be voided in such a case? I heard, that current Visa is voided, and then we need to re-apply for US visa.

No. B2 is voided only if the person went out of status. Since a timely extension petition was filed, B2 will not be voided.

[ankurmdh]

No. B2 is voided only if the person went out of status. Since a timely extension petition was filed, B2 will not be voided.

That's is really helpful to know. So, how would be the extra 30 days treated (is it not that for these extra 30 days ) she is out of status. I am just trying to understand it.

[scientist2016]

That's is really helpful to know. So, how would be the extra 30 days treated (is it not that for these extra 30 days ) she is out of status. I am just trying to understand it.

She left while her extension was pending ==> she has not accrued any illegal stay or violated the terms of her visa.

[Libra_14]

That's is really helpful to know. So, how would be the extra 30 days treated (is it not that for these extra 30 days ) she is out of status. I am just trying to understand it.

Ensure to have her carry proof of extension application & whatever/whenever you get the response of that application - to prove that her intention was never to overstay.

[Libra_14]

Thanks sderiis for replying after 1.5 years.