what will happen to visa when it expire ?

E

earthlover123

Registered Users (C)
we have applied for B2 extension before it expires but we have 5 years visa .
But we have not got any decision from USCIS .
If we wait for decision even after time allowed to stay ,
will 5 years visa void automatically ?
If we choose to leave US after 15 days , and wanna to come back in the same 5 years visa ,
will USCIS deny US to enter US ?
Please help
 
earthlover123 said:
we have applied for B2 extension before it expires but we have 5 years visa .
But we have not got any decision from USCIS .
If we wait for decision even after time allowed to stay ,
will 5 years visa void automatically ?
If we choose to leave US after 15 days , and wanna to come back in the same 5 years visa ,
will USCIS deny US to enter US ?
Please help
Click to expand...

Visa validity and the duration of your stay in the US are not connected.

Your stay in the US is determined by the I-94. You would have to leave the US on or before the date mentioned on your I-94. If you have applied for extension, you would be given a new I-94 with a future date.

Visa validity determines the period in which you can enter the US. For eg. If your visa was issued on March 21 2005 and is valid till March 21 2010, this mean you can enter US using that visa anytime between March 21 2005 till March 21 2010. How long you can stay in the US is determined by the date on the I-94 you get.

Now, coming back to your question. If you have a multiple entry visa, you can use that to enter the US as long as it is valid (In your case 5 years). If you overstay your I-94 date, you would gain illegal status and you MAY have problem entering the US again with your B-visa. If you have applied for extension and have the receipt notice, that is proof enough that you have applied for extension.
 
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When you leave the country be sure to keep with you the approval notice until the validity of your visa.
 
I think the period you can stay in the US with a B2 visa is 1 month. I'm not sure if it changes dpending on the country that issued it and stuff like that. I remember it used to be 3 months like 7 years ago but I heard that it is only 1 month now.
 
If you applied for B2 extension, then you can stay untill the date you asked for extension or the actual approval from USCIS.
If you're waiting for result from uscis on your extension application you can only stay till the date you asked for extension on your i-539 application. you can not stay after that eventhough you're appication is still pending. Then once uscis reaches its decision then ask your relatives to keep the approval notice to you and you need to show it to the port of entry when you return.

i am not a lawyer but i was told like this. I may be wrong
 
payala said:
I think the period you can stay in the US with a B2 visa is 1 month. I'm not sure if it changes dpending on the country that issued it and stuff like that. I remember it used to be 3 months like 7 years ago but I heard that it is only 1 month now.
Click to expand...

The period of stay on a non-immigrant visa is determined by the date on I-94 and does not depend on country that issues it.
 
ilford said:
If you applied for B2 extension, then you can stay untill the date you asked for extension or the actual approval from USCIS.
If you're waiting for result from uscis on your extension application you can only stay till the date you asked for extension on your i-539 application. you can not stay after that eventhough you're appication is still pending. Then once uscis reaches its decision then ask your relatives to keep the approval notice to you and you need to show it to the port of entry when you return.

i am not a lawyer but i was told like this. I may be wrong
Click to expand...

we are very confused and waiting for extension approval . we have five years multiple entry visa . we are only allowed to stay by I 94 up to march 5 th . If we do not get approval by that date ... Should we stay here ?
Over staying the I-94 will cause any trouble ? will we be allowed to came back with the same visa after overstaing ?
 
cherr1980 said:
When you leave the country be sure to keep with you the approval notice until the validity of your visa.
Click to expand...

What do you mean by this ? We are waiting for the extension approval which we filed 2 months ago . Our visa expires soon . should we wait for the extension even after the day we are allowed to stay ?
We are concerned that we are not allowed to come back later using same visa becasue we overstay the visa .
pease help
 
let me say clearly.. Duration of visa doesnt matter. Date on I-94 gives legal stay period.
For example: I-94 says March 5th 2006. and you have applied visa extension in january 2006. You want to extend visa till June 6th 2006.
then, if you're waiting for approval from uscis.. your stay is legal untill june 6th 2006 unless you get decision before that.
your stay becomes illegal if you stay beyond june 6 2006(the date you have asked for extension) even if the petion is pending.

The only catch is some times uscis gives approval less than the period you asked. means 2 months instead of 3months.

I am not a lawyer. i may be wrong
 
What I am saying with what I posted is that IF you get the approval notice then keep that approval or the copy of it for many years. Many people when leave the country forget to keep for their records the approval notice or make a copy of it. When they return to the US then they confront problems because suddenly the POE doesn't find any record of the approval of the extension and the only proof to enter and to demostrate that you didn't overstay is the copy of your approval. It is an advice about what you can do for "future" entries.

Now my question is do you have at least the receipt notice of your extension?

I think there are numbers to call POE and they can give you an answer. This issue has been discussed at the B visas forum and always is the problem of what to do while waiting for the extension with a date of departure so close.

It is true that as long as your extension is pending (and you have a receipt of that extension) you can stay here, but how long? I don't know. I think that the timeline for visa extension is around 30-60 days if you look the timeline at the NBC. Probably soon you will received a result.
 
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cherr1980 said:
What I am saying with what I posted is that IF you get the approval notice then keep that approval or the copy of it for many years. Many people when leave the country forget to keep for their records the approval notice or make a copy of it. When they return to the US then they confront problems because suddenly the POE doesn't find any record of the approval of the extension and the only proof to enter and to demostrate that you didn't overstay is the copy of your approval. It is an advice about what you can do for "future" entries.

Now my question is do you have at least the receipt notice of your extension?

I think there are numbers to call POE and they can give you an answer. This issue has been discussed at the B visas forum and always is the problem of what to do while waiting for the extension with a date of departure so close.

It is true that as long as your extension is pending (and you have a receipt of that extension) you can stay here, but how long? I don't know. I think that the timeline for visa extension is around 30-60 days if you look the timeline at the NBC. Probably soon you will received a result.
Click to expand...


We have the receipt notice of extension .
we are concerned that our last date of stay according to I 94 ending soon
but we have not heard from the service center
concerned about our multiple entry visa have problem overstaying the I 94
 
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