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B2 extension pending, can I travel outside US and re-enter with valid VISA stamp?

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  • B2 extension pending, can I travel outside US and re-enter with valid VISA stamp?

    Hi my parents have applied for B2 extension and their I 539 is pending. The original I 94 has already expired. They want to take an Alaska cruise which leaves from Canada. So I understand This means leaving the country and requires re-entry. With valid B2 visa, would they have any problems boarding the ship because of previously pending i539?
    They will be leaving US right after the cruise.
    Thanks!

  • #2
    Originally posted by Baobaokitty View Post
    Hi my parents have applied for B2 extension and their I 539 is pending. The original I 94 has already expired. They want to take an Alaska cruise which leaves from Canada. So I understand This means leaving the country and requires re-entry. With valid B2 visa, would they have any problems boarding the ship because of previously pending i539?
    They will be leaving US right after the cruise.
    Thanks!
    I would not suggest you do that, for two reasons:
    1. By leaving USA right now - you'll abandon your I539 application, causing your stay so far since I94 expiry to become unauthorized.
    2. CBP will think this as a quick & free trick to get I94 extended & at times they deny reentry into USA.
    - 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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    • #3
      Originally posted by Libra_14 View Post
      I would not suggest you do that, for two reasons:
      1. By leaving USA right now - you'll abandon your I539 application, causing your stay so far since I94 expiry to become unauthorized.
      2. CBP will think this as a quick & free trick to get I94 extended & at times they deny reentry into USA.
      Nope, abandoning I539 does not make your previous stay beyond the previous I94 unauthorized.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        Nope, abandoning I539 does not make your previous stay beyond the previous I94 unauthorized.
        Thanks Scientist2016.

        What will happen if the I539 is denied after she leaves USA & what happen if she tries to re-enter with a valid visa & 539 is still in progress.
        - 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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