Second B2 Extension. Can I stay while waiting for the approval?

[Jayrajbhatia88]

Hi,
I arrived in USA on 14th September 2020 on B Visitor Visa, my I94 was expiring on 13th March 2021.
I filed for first extension in Feb. Which got approved in Oct 2021.
I had filed for my second extension in June (Extension requested till Nov 29). I am still waiting for the decision on second extension.

My question is how long can I stay in USA while waiting for the answer? Is 240 days applicable to me? I don't want to run into a situation where I am out of status.

[newacct]

You can stay for as long as your Extension of Stay application is pending. There is no 120-day or 240-day limit. This is true for all statuses. You may be confusing it with the 240-day extension of work authorization for extensions of work statuses, but there is no work authorization in B2 status anyway.

[HFM1919]

wow....what 'job' awards a 6-12 month paid vacation?

[rkk09]

Hi Member,

My question is how long can I stay in USA while waiting for the answer? Is 240 days applicable to me? I don't want to run into a situation where I am out of status.
Answer: As senior member mentioned, you can stay until you get status on second extension petition. You will be good to stay also as your initial extension got approved and bridge petition is still pending. Hopefully, it will also get positive adjudication.
All the best.
Thanks

[flyingron]

Note, the one downside is that if your request is denied, you will accrue unlawful presence time back to the date that you were originally supposed to leave.

[newacct]

Note, the one downside is that if your request is denied, you will accrue unlawful presence time back to the date that you were originally supposed to leave.

This is not correct. One does not accrue unlawful presence while a timely-filed, non-frivolous Extension of Stay or Change of Status is pending, even if it is ultimately denied or abandoned. If a timely-filed, non-frivolous EOS/COS is denied and the person is still in the US, unlawful presence only starts accruing on the day after the denial.

[HFM1919]

be sure to tell them about that wonderful job you apparently have that doles out 6-12 months of paid vacation...,...wish I had one of those.

[newacct]

Ummm...

If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.

This is unlawful status (for the purposes of not being able to do Adjustment of Status), not unlawful presence.