How long my mom can stay in USA her B2 visa will expire on Nov 10 2018, She applied for extension through I-539 form we have received I-797 C Notice

#1
My mom applied for her B2 /Visitor extension, We have received the I-797 C Notice from USCIS on Sept 12 2018, her visa is going to expire on Nov 10th 2018.
We have already called USCSI to know the visa processing time, it will take 2 to 4 months, my mom is going to leave by December. In this situation while going back in month of December 2018 she may not get the approval notice from USCIS, at the same time her visa will be expire by that time. What we need to do at this moment, can she stay upto December based on I-797 C Notice? is she going to face any problem while going back as well as if she plans to come any time on next year 2019
 

SusieQQQ

Well-Known Member
#2
If she wants to visit again in future, it’s safest to leave by the time her i94 is up if you don’t have a decision yet. This is because if the decision is a denial, she will have been in overstay from that date (even if you get the notice after). Any overstay on a tourist visa, even one day, invalidates that visa and makes it harder to get another one. It also means the passport holder can only apply for a new visa in the country of the passport, this is only really an issue for people residing outside of their home country.
 

newacct

Well-Known Member
#3
First of all, the expiration of the visa is irrelevant; visas are only for entry. Do you mean that her B2 status, as given on her I-94, expires in November 10 instead?

She can stay in the US for as long as the Extension of Status is pending, even if it's past the date on her I-94. If she leaves before a decision is made, it is fine. If the Extension of Status is approved while she is here, she can stay until the date on her new I-94. If the Extension of Status is denied while she is here, and her I-94 is already expired, she must leave immediately and her visa is automatically voided.
 

1AurCitizen

Registered Users (C)
#5
This question frequently comes up on various forums, especially on India-centric ones. A good number of Indian parents/in-laws tend to apply for b2 extensions for all sorts of reasons. But USCIS is scrutinizing i539s like never before. Unless there is a last-minute medical or another genuine emergency, there should be no good reason not to accomplish a US visit within 180 days.

The best advice is not to stay past the i94 date. CBP gets antsy when it sees a 6+ month "visit" on a previous admission.
 
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