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B2 extension applied on 07/06/2020 in Plano, TX and biometrics appointment scheduled on 11/07/2020. Missed the appointment as I Travelled to Virginia and requested to reschedule. Left the country on 01/21/2021 to India. Biometrics rescheduled on 06/05/2021 was missed again as he was in India and we did not contact USCIS to reschedule (did not check mail). Travelled back to US on 12/16/2021 with valid I-94 till 06/15/2022. Previous Extension was denied on 03/17/2022 and did not respond to USCIS as we did not notice this. Though his previous extension was denied, can he stay legally as per his recent I-94 and apply for a B2 Visa extension (i539) to extend his stay?
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