I539A Application not sent for Visitor Visa Extension and I94 expired

[bpkumar99]

Hi,

My Inlaws I-94 Expired on Oct 2nd. We requested for 45 days extension In September, USCIS received Application before I94 expiry date but there is no receipt or rejection so far. On reviewing further found that we missed sending I539A Supplemental signature form for dependent along with I539.

Can we send I539A form along with I539 to USCIS by providing sample letter with passport, I94 and all formation now or Do we wait for rejection letter and then send the form.
If USCIS rejects based on I539A missing form, what are our options, Can we submit the application again even with I94 past days,referring to original I539 that was submitted before I94 expiry, Will they be immediately out of status, Will their visa will be cancelled ? My Inlaws are anyways returning to India On Oct 27, which is around 25 days past I94 date. They have 2 more years of B2 Visa left. Can they come to US after 1 yr with all this documentation to show at port of entry or Do they need to reapply visa before come US ?
Also if they get the Biometrics appointment after they leave to India, will the application automatically rejected, Can they give finger prints in India, Please advise.

[Libra_14]

Do you have atleast the receipt number for your initial extension application? I doubt you can even send those forms without a receipt number.

Do we wait for rejection letter and then send the form.

If the extension application is rejected, then they will have to leave USA immediately, you won't have time to send the form after that.

If USCIS rejects based on I539A missing form, what are our options, Can we submit the application again even with I94 past days,referring to original I539 that was submitted before I94 expiry

No

Will they be immediately out of status, Will their visa will be cancelled ?

Yes & their visa may be cancelled on their next visit.

Can they come to US after 1 yr with all this documentation to show at port of entry or Do they need to reapply visa before come US ?

If their extension is approved (Even after they leave USA), then you are all good, just keep these extension receipt & approval for their next visit & they can use the same visa.

Also if they get the Biometrics appointment after they leave to India, will the application automatically rejected, Can they give finger prints in India, Please advise.

No, if they leave USA before a decision is made on extension application, then their application is treated as abandoned.

[bpkumar99]

Hi, Thank you very much for your replies. We still didn't receive any reply from USCIS, I believe we will receive rejection letter this week. We originally have tickets booked for end of this month, Is it ok if we wait for 10 days to 2 weeks and go with original planned date or is it advisable to go to immediately in 1 or 2 days.
It seems visa will be cancelled with overstay past I94. My inlwas have 2 more years of 10 yrs B2 visa valid, For the next trip we want to wait for 2 yrs, apply for new visa and come to US. For the next B2 visa interview, will they ask about overstay during interview and will they reject based on that ? what is your advise on how do we proceed. Please let me know. thanks all for your help.

[Libra_14]

So your I94 is already expired, now I would suggest to have them stay & wait for the USCIS response. Meanwhile, try to have them finish their work asap & plan to send them back asap.

Their visa will still not be cancelled for now, the best bet would be to have them stay in their home country for 1+ years & then let them try to come back to USA for a short visit, showing they do not have intention to stay longer in USA.