Staying in US while I-539 Pending Decision

[vikas_arora80]

Hi there,

My mom has a visitor (B2) VISA valid till Oct 2024. She came to US in Feb 6, 2021 and has entry valid for 6 months till Aug 5, 2021.

We wanted to get her extension and filed an I-539 on June 15, 2021 which was 51 days before her scheculed departure.

My question is that - can she stay in US for longer now as we have receipt number of I-530 filed ? i yes, till when ?

Thank you and looking forward,

[rkk09]

Hi,
If you file the extension petition before current status expires then you are allowed to stay in the USA for up to 240 days with the help of receipt. But, here is some controversy. Normally, you will be requesting ext on B2 only for another 6 months.
So, if you are not going to get any response on the petition within 6 months, Its better to leave the country.
Thanks

[newacct]

She can stay in the US for as long as the I-539 is pending, no matter how long it takes. There is no 120 day or 240 day limit.

[what&whennext]

I539 VISA EXTENSION APPLIED FOR ONE YEAR UNTIL 01/21/2022

Most Recent Date of Entry: 2020 July 23
Class of Admission : B2
Admit Until Date : 01/22/2021

December 3, 2020 We received your Form I-539, Application To Extend/Change Nonimmigrant Status.

January 19, 2021 We accepted the fingerprint fee for your Form I-539, Application To Extend/Change Nonimmigrant Status. Our Potomac Service Center location is working on your case.

June 14, 2021 Case Was Updated To Show Fingerprints Were Taken.

What next and when?

(I need to use the credit voucher for the previously cancelled ticket to book a new ticket which has time limit.)

Thanks for your guidance and help.