B1 extension dilemma

port townsend

New Member
hi! would just like to ask your suggestions to my problem.

i came here on a B1 visa (single entry). The purpose of my visit is take an exam.Been staying here for 2 months.I94 expiration is Nov 14, applied for extension on Oct 3. Received receipt from USCIS last week. Apply for extension coz, i felt like im not yet ready to take exam, need a little longer time to study.

Question:

1) When do u think i should take my exam? should i wait for the decision from uscis, or should i take it before Nov 14? ( im not yet confident that i can pass it though..)

2) if i take the exam before nov 14, should i go home to my country before my I94 expired? or wait for the decision of USCIS, so that it can give me time to "re-take" my test just in case i failed?

3) most probably the decision will arrive after my I-94 expired, is it still legally OK to stay while my case is pending? if its denied, i know, you'll be given 30 days to leave US. Will it affect my next visa application?


Help please..
 
A1: That is entirely your call. This exam wouldn't be the CCIE lab by any chance?
A2: Ideally you should not let the I-94 expire. Assuming that your reason for an extension was to take an exam, you might not get an extension approval.
A3: Be a little careful. If your EOS is denied, the 30 days are given before formal removal proceedings commence. You would have still acquired an overstay from the day your original I-94 expired.

1) When do u think i should take my exam? should i wait for the decision from uscis, or should i take it before Nov 14? ( im not yet confident that i can pass it though..)

2) if i take the exam before nov 14, should i go home to my country before my I94 expired? or wait for the decision of USCIS, so that it can give me time to "re-take" my test just in case i failed?

3) most probably the decision will arrive after my I-94 expired, is it still legally OK to stay while my case is pending? if its denied, i know, you'll be given 30 days to leave US. Will it affect my next visa application?
 
re: triple

i thought overstay count starts after the 30-day grace period for you to leave US once you received the denial letter? Some websites said that you're ok to stay while your application is pending, even it is beyond ur I-94? isnt these information conflicting?

are you suggesting that, i take the exam before nov 14, get home before I94 expires, and just get back here to retake the exam just in case i failed?

this dilemma is adding conflict to my already cluttered mind. if i were you, what would u do? thanks for ur inputs.
 
The 30 days is misunderstood. 30 days grace is given before removal proceedings may commence. Overstay starts from the day one's I-94 expires. This is why it is very important that one should apply for EOS only in a life/death emergency.

i thought overstay count starts after the 30-day grace period for you to leave US once you received the denial letter?
 
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