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US domestic travel with expired i-94 (B-1 extension pending)

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  • US domestic travel with expired i-94 (B-1 extension pending)

    I have a B-1 visa for which I have applied an extension through form I-539. I haven't received approval (nor denial) yet and my i-94 expired last week.

    I have 2 quick questions:

    1) I am right now doing business in Florida but need to travel to attend a trade show in NYC. I guess they will control my passport when i travel, right? If so, they will also notice my i-94 is expired i guess. Am i taking any risk of being deported?

    2) I have read that those who apply for B-1/B2 extension remain in legal status for up to 240 days. If this is true (no such mention on USCIS' website), is it 240 days starting the day the i-94 expires or starting the day of entry in USA? In other words, is it 240 extra days (making potentially the total stay in USA of 180+240=420 days), or is it 60 days additional to the 180 days granted by the B1 visa? Please clarify.

    Many thanks in advance for your prompt answer! I need to leave next week for this trade show in NYC. I don't want to take any chance to get into trouble. If necessary, I'll take the train instead of airplane...

  • #2
    A1: Airlines need to see a photo-id only. Your passport will just be a photo-id for them.
    A2: An applicant is okay until the I-539 is adjudicated. No number is associated with an I-539.

    Originally posted by minoo View Post
    1) I am right now doing business in Florida but need to travel to attend a trade show in NYC. I guess they will control my passport when i travel, right? If so, they will also notice my i-94 is expired i guess. Am i taking any risk of being deported?

    2) I have read that those who apply for B-1/B2 extension remain in legal status for up to 240 days. If this is true (no such mention on USCIS' website), is it 240 days starting the day the i-94 expires or starting the day of entry in USA? In other words, is it 240 extra days (making potentially the total stay in USA of 180+240=420 days), or is it 60 days additional to the 180 days granted by the B1 visa? Please clarify.
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

    Comment


    • #3
      Originally posted by Triple Citizen View Post
      A1: Airlines need to see a photo-id only. Your passport will just be a photo-id for them.
      A2: An applicant is okay until the I-539 is adjudicated. No number is associated with an I-539.
      many thanks for your (very quick!) answers.

      with A2, are you saying that technically one may remain in USA even for years (i'm taking this to the extreme) in legal status, if USCIS didn't respond yet (for any reason)? The 240 days limit was mentionned on immihelp.com under the extension section for B visas. Are you saying they have done a wrong statement?-

      Comment


      • #4
        Theoretically an applicant is in status as long as the I-539 is being adjudicated.

        Originally posted by minoo View Post
        with A2, are you saying that technically one may remain in USA even for years (i'm taking this to the extreme) in legal status, if USCIS didn't respond yet (for any reason)?
        Regards,
        S K Ghori
        skg@vex.net
        http://www.vex.net/~skg/

        **NOTE**
        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

        **DISCLAIMER**
        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

        Comment

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