Applying for visitor extension while original visa is expired

[samadss]

My brother is visiting me. His original visa (stamped on his passport) has expired. His duration of stay is coming to end in next 3 months. Can i apply for an extension even though the original visa on his passport is expired?

 

[newacct]

Yes, he can apply for extension of status as long as he has status. Status and visa are different things.

 

[Lucy Furrer]

Read the I-539 instructions carefully and do accordingly. You have to file I-539 45 days before your I-94 expires.
http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf
http://www.uscis.gov/i-539

 

[newacct]

You have to file I-539 45 days before your I-94 expires.

Not true. It is properly filed as long as it's received before the I-94 expires.

 

[Lucy Furrer]

Not true. It is properly filed as long as it's received before the I-94 expires.

In the I-539 instruction, Page One:

 

[newacct]

In the I-539 instruction, Page One:
View attachment 284

I know the instructions suggest you file 45 days before. But you said "you have to", which is not true. And I do not see any real difference between filing 45 days before compared to less than 45 days before.