Can I stay while my case is pending?

D

dablue

Registered Users (C)
Hi,

I am on a B1 and my I-94 expires on Sept 25th. I have submitted my I-539. This was received on Aug 25th.

I am applying to change my status to a B2 and hope to stay through until Christmas.

If I do not receive a decision before Sept 25th, am I legally eligible to stay while my case is pending? Or, if I do not receive a reply in time do I have to exit on Sept 25th?

Obviously if the decision is no, I would make arrangements to fly home asap.

Q1. Am I eligible to stay while the I-539 is in a pending state and my I-94 has expired?

Q2. If the answer to Q1 is yes, and the decision is no, how long can I remain in the country for before I become illegal? I've heard all sorts of numbers, 30 days, 120 days and you must leave immediately (this one is probably more accurate).

Q3. If the answer to Q1 is yes and the decision is no, will this effect any future visits to the US?

I wouldn't want to upset the good old boys and girls of the USCIS.

Thank you for any advice.
 
A1: Yes
A2: There is no grace period. If your case is denied 25 days (for example) after your I-94 expired, you have overstayed for 25 days.
A3: Possibly. It all depends of the type of officer you neet at the POE next time around.

dablue said:
Q1. Am I eligible to stay while the I-539 is in a pending state and my I-94 has expired?

Q2. If the answer to Q1 is yes, and the decision is no, how long can I remain in the country for before I become illegal? I've heard all sorts of numbers, 30 days, 120 days and you must leave immediately (this one is probably more accurate).

Q3. If the answer to Q1 is yes and the decision is no, will this effect any future visits to the US?
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Many thanks for your reply.

I thought they would be the answers... So if I overstayed in the hopes of getting approval and it comes back denied, would this overstay be noted on my record permanently? In which case would you agree with me in saying it's probably not worth the risk in waiting / staying and just keeping the ticket for Sept. 25th.

I come to the US quite a lot (as was pointed out to me by the last immigration officer when I last arrived). For the last 10 years I've always done it by the book. I don't want any excuses to jeopardise furture entries.

It's disappointing but I'm best to keep the right side of the USCIS.

Triple Citizen, I take my hat off to you sir - well done :)
 
In my honest opinion, B-2 extensions should only be sought for life/death emergencies.

dablue said:
In which case would you agree with me in saying it's probably not worth the risk in waiting / staying and just keeping the ticket for Sept. 25th.
Click to expand...
 
One last question, do you think it would make any difference the fact I have only been here for 3 months and not 6? Is there any chance they would be more lenient on it as a B1/B2 or a straight B2 is good for 6 months?

I thought that the B1 was also good for 6 months (accepted - my own naivety). As I'm from the UK, I'm wondering why I wasn't told (or even denied) to just come out on the VWP, it would have saved a whole lot of time and money.
 
It is an individual's decision to use VWP (if eligible) or apply for a B-1/2 visa.

dablue said:
As I'm from the UK, I'm wondering why I wasn't told (or even denied) to just come out on the VWP, it would have saved a whole lot of time and money.
Click to expand...
 
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