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  • Visitor visa B2 extension question

    Immihelp (and all you gurus out there!)

    This site and the forum has been extremely helpful to me (almost my guide-book) throughout the process of getting my parents here, travel, insurance, extension-filing etc. Thanks a ton! Need a help now...

    My mom has been here on a 10-yr Multiple entry visitor visa (B2) since Jun '06 with her I-94 being granted for 6 months up to mid Dec '06. We filed for her extension mid-October. And it doesn't seem like we are going hear back before her I-94 expires. Have heard/read a lot on this site to know enough that she should leave before her current I-94 expiration to keep her visa from getting void and we plan to do that. Few questions in this case:

    1) When she leaves on time as per the current I-94 without hearing back from USCIS on the extension application, what happens to that pending application? Does it get cancelled or does it keep getting processed in her absence? She will be turning in her original I-94 while leaving US, is that right?

    2) As we plan, if she leaves on time without overstay does it in any way complicate matters for her future re-entries here? Is it still maintained on records that she had filed for an extension, although leaving on time without availing it? Would it count against her?

    3) Since I desperately want her here back early 2007, which of these workarounds would you assign a higher probability of success to (i understand there are no guarantees, of course!) :
    a) Go to India and come back after a 2 months stay there hoping for a fresh 6 months I-94 again? (% probability?) or
    b) Make a tourist trip to UK/ Europe and re-enter US with a gap of just about a month?

    Or is there any other better solution?
    Thanks in advance for your help, all!

  • #2
    1. It will keep on getting processed.
    She returns the original I-94 while leaving the US.

    2 & 3.
    Read https://www.immihelp.com/visa-stamp-...ration-in-usa/

    Especially last paragraph.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      Thanks for the quick response, Immihelp! Appreciate it!

      So in case an approval comes in later after my mom has left, can I call her back immediately on the newly issued I-94? Or does she have to get a fresh I-94 on entry?

      Thanks for the pointer in response to my other queries. I went through that section but it didn't seem to indicate very clearly

      2) if an i-539 applied without overstay might be counted against her in future visits; and
      3) whether she stands a better chance of getting through back here by visiting UK for a month or by staying in India for 2 months and returning? I know one can't say with certainty towards anything, but just weighing the options?

      Thanks in advance..

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