B2 Extension - Did not wait for the result

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somethingreal

Registered Users (C)
Hi, I went for a vacation in the US on a B2 visa last May 2010 and left on November 4th. My I-94 expiration is November 25th, 2010.

When I was in the US, I applied for an extension in September because I wanted to spend the holidays with family. However, I did not wait for the result any longer since I had to accompany my mom going home. So in short, I did not overstay. Until now I don't know the result of the application yet.

Assuming the result is a denial, will it have any bearing at the port of entry if I return to the US for vacation? I don't have any plans of coming back there right away, probably I will be back in 2012. I am thinking it should not have any bearing since I left even before my I-94 expired.

Thanks in advance to those who will shed light on this matter.
 
It is standard operating procedure to check to see if you departed and if they find that you did, they grant it to day of departure or in your case they may have just administratively closed it as moot.
 
Thanks for the reply BigJoe5. :) So you mean to say that my application could be already void since I did not wait for the result? Does that also mean that I won't have any problems going back to the US as a tourist?
 
somethingreal said:
Thanks for the reply BigJoe5. :) So you mean to say that my application could be already void since I did not wait for the result? Does that also mean that I won't have any problems going back to the US as a tourist?
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The airline collected your I-94 upon departure and gave it to CBP who recorded your departure. That computer update could have been available for USCIS to see and could have been the reason to close your I-539. Did a notice show up at the address where you were staying (a friend's or relative address)? If is does that would mean that USCIS did not have access to the departure information yet. Even if it was denied it would be irrelevant to CBP upon a future entry because THEY would see that you previously departed (and early at that).
 
Nope, a notice was not sent yet. So probably USCIS already had the access to the departure date. Thank you again for your prompt reply. I was worried about it, and it made me feel better now.
 
^It's a good thing I still have the boarding pass with me. Okay I'll keep that in mind the next time I travel.

Another scenario.. What if I get petitioned by a US company here in my home country for a working visa (H1B)? Would you know of any effect it will have on my tourist visa if in case I get denied in the consulate? I believe that if it gets approved, they would not revoke my tourist visa. But what if it gets denied? I could still go back using my tourist visa for a short vacation right?
 
somethingreal said:
^It's a good thing I still have the boarding pass with me. Okay I'll keep that in mind the next time I travel.

Another scenario.. What if I get petitioned by a US company here in my home country for a working visa (H1B)? Would you know of any effect it will have on my tourist visa if in case I get denied in the consulate? I believe that if it gets approved, they would not revoke my tourist visa. But what if it gets denied? I could still go back using my tourist visa for a short vacation right?
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Based on what you presented, your B-1/2 should not be cancelled.
 
That depends on the consul viewing your case. All four scenarios are possible:-

(1) H-1B granted and B-2 left untouched.
(2) H-1B granted and B-2 cancelled.
(3) H-1B denied and B-2 left untouched.
(4) H-1B denied and B-2 cancelled.

somethingreal said:
What if I get petitioned by a US company here in my home country for a working visa (H1B)? Would you know of any effect it will have on my tourist visa if in case I get denied in the consulate? I believe that if it gets approved, they would not revoke my tourist visa. But what if it gets denied? I could still go back using my tourist visa for a short vacation right?
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Triple Citizen said:
That depends on the consul viewing your case. All four scenarios are possible:-

(1) H-1B granted and B-2 left untouched.
(2) H-1B granted and B-2 cancelled.
(3) H-1B denied and B-2 left untouched.
(4) H-1B denied and B-2 cancelled.
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Thanks Triple Citizen for the reply. Have you heard of a story where scenario number 4 happened?
 
The US consulate determined that INS (back then it was called INS) approved the I-129 in error. They denied the H-1B visa and advised INS to re-adjudicate the I-129. They also determiend that my cousin will use his B-2 to get into the US and work so they cancelled that to make sure it does not happen.

somethingreal said:
Do you know why they cancelled it?
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Triple Citizen said:
The US consulate determined that INS (back then it was called INS) approved the I-129 in error. They denied the H-1B visa and advised INS to re-adjudicate the I-129. They also determiend that my cousin will use his B-2 to get into the US and work so they cancelled that to make sure it does not happen.
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Thank you for sharing the story with me. It made me a little worried, though. I would not ever want to jeopardize my B2. Although it apparently depends on the consul. Did your cousin re-apply for a new B2 visa?
 
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