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There seems to be a lot of confusion about what happens when a B1/B2
extension denial is received after the expiry date on the I-94, as commonly
happens.
Common concerns are; How long do you have to leave the US? Is your existing visa canceled? What will happen at future entries?
DISCUSSION:
Here is the language of an actual denial notice that has been posted by
an extension applicant on another site;
The applicant is no longer in a valid nonimmigrant status and therefore must depart the United States
It does not give you any time period within which to depart the US.
So, the reasonable interpretation is "immediately" or "as soon as possible".
It all boils down to whether the time you leave is accepted as a reasonable time by the CBP officer when you reenter the US using the same visa.
You must show him/her the actual denial notice, a copy of your last I-94
and evidence of when you departed US.
If the officer does not accept the departure as within reasonable time,
or if you are out of luck,
he is legally empowered to deny you entry and cancel your visa
applying section 222g, because technically , 222g applies once you receive a denial and your I-94 is expired.
Relevant portions of 222g ;
*It mainly states that IF AN ALIEN OVERSTAYS ON A
NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED.
*DOES NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.
*DOES APPLY TO ALIENS WHO FILE FOR A CHANGE OF STATUS OR
EXTENSION OF STATUS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE REQUEST IS SUBSEQUENTLY DENIED.
Keeping this in mind, people should go through the extension process only if really required. It is great if the extension application is approved, but it
is panic if it is denied and your I94 has expired.
extension denial is received after the expiry date on the I-94, as commonly
happens.
Common concerns are; How long do you have to leave the US? Is your existing visa canceled? What will happen at future entries?
DISCUSSION:
Here is the language of an actual denial notice that has been posted by
an extension applicant on another site;
The applicant is no longer in a valid nonimmigrant status and therefore must depart the United States
It does not give you any time period within which to depart the US.
So, the reasonable interpretation is "immediately" or "as soon as possible".
It all boils down to whether the time you leave is accepted as a reasonable time by the CBP officer when you reenter the US using the same visa.
You must show him/her the actual denial notice, a copy of your last I-94
and evidence of when you departed US.
If the officer does not accept the departure as within reasonable time,
or if you are out of luck,
he is legally empowered to deny you entry and cancel your visa
applying section 222g, because technically , 222g applies once you receive a denial and your I-94 is expired.
Relevant portions of 222g ;
*It mainly states that IF AN ALIEN OVERSTAYS ON A
NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED.
*DOES NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.
*DOES APPLY TO ALIENS WHO FILE FOR A CHANGE OF STATUS OR
EXTENSION OF STATUS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE REQUEST IS SUBSEQUENTLY DENIED.
Keeping this in mind, people should go through the extension process only if really required. It is great if the extension application is approved, but it
is panic if it is denied and your I94 has expired.
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