Considering B2 Extension - Your Opinion Request

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Rahulm

New Member
Dear Forum Members,

I have been in the US from 1999, on and off on F1, B1, B2 & H1 statuses. Majority of my time from 1999 till today has been in India. Whenever in the US, I have always remained in status and have always been legal. I have never faced any RFE's or Denials. I'm in my mid-thirties. I currently also have a H1B stamping but it is not in use because I’m not employed in the US.

I have come to the United States on February 14th 2013 on a B2 Purpose visit. I'm currently now still in the US on the B2 purpose visit for which the entry was done on February 14th 2013. My purpose for this visit is to be with my wife and also for a holiday. My Wife is in OPT Status and she is waiting on her H1B petition to be approved. Her F1 visa is in expired status (I’m mentioning her status in case you ask me about changing to F4 or H4 statuses). Although she is waiting on her H1b petition approval, there is a high possibility of us packing and leaving to India for good in the first week of October 2013.

My I-94 Expires on Aug 13th 2013. That is day after tomorrow. I would like to put in an I-539 online application to request for an extension of my B2 Status until the first week of October. I'm considering this application this late because the need for extension was earlier unforeseen. If this need was not there, I would have left on Aug 13th 2013 and remained in India for good or alternatively, I would have waited for my wife's H1B petition approval (I-797) and then enter again as an H4 dependent. I assume that my center would be California because my residence is in California. My center’s I-539 processing time is currently specified in the website as 2.5 Months. I’m aware that it is legal for a B2 visitor to remain in the US post I-94 expiry if the visitor is waiting on an I-539 application decision.

The following are my reasons for requesting an I-94 extension:

  1. My Parents have suddenly decided this week to visit the United States for a 3-4 Week holiday and shopping trip (house stuff, they just moved into a new house) ,starting from the 3rd week of August 2013. They visited the US on two occasions before.
  2. My In-Laws have also decided to visit the United States for a 3-4 Week holiday. They have never visited before. Their Visa Interview Date is Aug 20th. If they get the Visa, they plan to start the same time as my parents (3rd week of August 2013).
  3. My Close College Buddy's Wedding is in California on September 7, 2013. I have been invited. I wouldn’t have flown to the US for this reason alone but since it is so near the I-94 expiry and because I’m still hear, I would have wanted to apply for an extension for this reason alone.
  4. I would like to do some shopping for my India home in case we are going back for good. My wife and I are almost certain of this but haven’t made any formal announcement to family and friends. Our housing lease, which is on my name and her name will end by September 30th 2013. If we leave to India, we intend to leave soon after the lease expiry. Even otherwise, there is a possibility of her not getting her H1B petition approved by September, in that case I will have to make another B2 entry before changing status to H4, I would like to avoid this by getting the extension so that it is past September 30th to help my wife in her move to a New Apartment.
  5. So, all in all, I would like to request for an extension because I need to be here in the next one month starting the end of next week to take my Parents and my In-Laws on tours around the US, I need to be here because, besides for family fun reasons, I’m much more familiar with the us as I have been coming here on and off for 14 years and my wife has been here only for 2 and half years in which she was a student for more than half the time. Secondly so that I can attend my friends wedding in the first week of September. Thirdly so that I can help my wife in moving in the end of September and also for buying stuff for India in case we decide to move to India for good in the first week of October. Since all of these activities are in the next few weeks starting from next week, I would like to remain here instead of making a costly round trip to India. Costly because it is the rush season now for flights (End of Summer & Beginning of Schools & Colleges).

Considering all the information I have stated above, I request for your expert opinion on the following.

  1. I intend to leave in the First week of October (much before the end of the 2.5 Months I-539 processing time),Do you think it is safe to apply for an extension of my B2 status?
  2. Are my reasons good enough?
  3. Will I have any future problems because of this?
  4. Or would you suggest that I go to India and come back again. If that were the case, will I have issues at the port of entry where the officer might ask me "why are you back so soon?"

Thank You very much for your time and thoughts.
 
A1: Your I-94 expires tomorrow. By the time USCIS gets your I-539, it will have expired, so your EOS will be denied.
A2: Not in my opinion. EOS should be for life and death emergencies. All your reasons could have been addressed with a better timed initial entry.
A3: You will be an overstayer by the time you depart the US. So there is a strong probability that this will hurt you in the future.
A4: A quick return trip to the US may result in you being grilled at the POE and in the worst case scenario, being denied entry and sent back on the next plane.


Rahulm said:
  1. I intend to leave in the First week of October (much before the end of the 2.5 Months I-539 processing time),Do you think it is safe to apply for an extension of my B2 status?
  2. Are my reasons good enough?
  3. Will I have any future problems because of this?
  4. Or would you suggest that I go to India and come back again. If that were the case, will I have issues at the port of entry where the officer might ask me "why are you back so soon?"
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Last edited by a moderator:
Dear Mr. Ghori,

Thank you very much for your response. I should have done it sooner but It is was unforeseen that my parents and inlaws would be coming next weekend. It is just working out very well for them.

Otherwise I would have come back next month for my friends wedding and to also help my wife move.


My intention for applying for an extension with my reasons is for saving the 2000 USD round trip and to also avoid a POE issue because of my quick return to the US.

Regarding being grilled at the POE, I feel comfortable to face the grilling because I have been coming in and out of the us for 14 years and I have always been legal and never did any extension or change of statuses before and nor did I have any denails or RFEs. But I still do have concern because there is always a first time :) and mainly because you as an expert on this matter has expressed concern.

If I make an online submission of the I-539, the USCIS will not give the receipt instantaneously today?
If I go back to India, how soon do you think I can come back? I only want to come back to stay until the end of september.

Thank You for your advice.

Regards,
 
A genuine visitor should never spend more than 6 months in the US during any rolling 12 month window. Use this as your yardstick.

Rahulm said:
If I go back to India, how soon do you think I can come back? I only want to come back to stay until the end of september.
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