please advice whether to extend b1/b2 or not

M

mr needy

Registered Users (C)
hi I am a b1/b2 mult ent visa
came here on june 29 i94 stamped till dec29 2004,should i apply for extension and then wait for it ,bcoz generally uscis take more time than the date on the i-94 which will make me staying beyond the date of my i94,will it make me out of status or if my any chance if at all my extension is denied then what happens. will they give me a grace period to go out of the country or will it result in voiding of my visa
this is very important to me as i have my wife and child here. my wife is per.resi doing her residency.its really very frustrating,please advice thank you
 
I would advice you not to apply for extension. But if you have already applied
do not stay beyond your I-94 with a pending application.

It is better for you to go back and come again. That is the safest
way.

random
 
random140 said:
I would advice you not to apply for extension. But if you have already applied
do not stay beyond your I-94 with a pending application.

It is better for you to go back and come again. That is the safest
way.

random
Click to expand...
Thanks for your prompt reply really apreciate it,i had applied last year for an extension and i was approved. but this time i feel its too much of a risk. i did take a risk last time i applied but then it worked.
there is one thing i am confused about ,i.e the voiding of the visa if your case is denied.is this confirmed ??? I still feel that the uscis does give grace period for the prson to leave the country.
if this voiding of visa is true then why would any body in the world would take a risk of applying knowing the risk of being denied hence resulting in cacellation of visa ......!
please comment! thanks
 
Please read this:Might help you to make a decision.

These are the lines from INA-222G which talks about visa being void.

SUBJECT: CONSOLIDATED SUMMARY OF INA 222(G) GUIDANCE

REF: A) 96 STATE 208799 B) 96 STATE 225321
C) 96 STATE 232219 D) 97 STATE 12764 E) 98 STATE 51296
F) 98 STATE 136516 G) 98 STATE 237895

1. SUMMARY. REFTELS PROVIDE DETAILED GUIDANCE ON THE
INTERPRETATION OF INA 222(G), RELATING TO ALIENS WHO
REMAINED BEYOND THEIR AUTHORIZED NONIMMIGRANT STAY. AS
POSTS ARE AWARE, A PORTION OF THE EARLIER GUIDANCE WAS
SUPERSEDED BY LATER ALDACS. FOR POSTS' CONVENIENCE,
DEPARTMENT IS SUMMARIZING BELOW THE CURRENT GUIDANCE ON INA
222(G), SO THAT POSTS WILL HAVE A QUICK, UP-TO-DATE
RESOURCE THAT CONSOLIDATES THE KEY INFORMATION CONTAINED IN
THE VARIOUS REFTELS. END SUMMARY

2. UNDER INA 222(G), IF AN ALIEN OVERSTAYS ON A
NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED. IN
ADDITION, THE ALIEN MUST APPLY FOR FUTURE NIV'S IN HIS/HER
COUNTRY OF NATIONALITY, UNLESS THE ALIEN QUALIFIES FOR AN
"EXTRAORDINARY CIRCUMSTANCES" EXEMPTION.


These are lines from Department of state ruling on INA 222G which immihelp
link has coated

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE FOR A COS OR
EOS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE
COS/EOS REQUEST IS SUBSEQUENTLY DENIED OR IS STILL PENDING
AT THE TIME OF THE ALIEN'S DEPARTURE. (BUT SEE BELOW,
CONCERNING THE BLANKET EXTRAORDINARY CIRCUMSTANCES
EXEMPTION FOR CERTAIN ALIENS WHO DEPART WHILE A COS OR EOS
APPLICATION IS PENDING.)

Bottom line is you are taking risk if your application is pending beyond your
I-94 Expiration date and you do not leave by the I-94 expiration date.
Later on if your application denied - your visa is cancelled.
But if you leave by I-94 expiration date and your application is denied
then visa is not canceled.
So file the application in time and even if it is denied before your I-94
expiration and you leave before that then visa is not cancelled
 
random140 said:
Please read this:Might help you to make a decision.

These are the lines from INA-222G which talks about visa being void.

SUBJECT: CONSOLIDATED SUMMARY OF INA 222(G) GUIDANCE

REF: A) 96 STATE 208799 B) 96 STATE 225321
C) 96 STATE 232219 D) 97 STATE 12764 E) 98 STATE 51296
F) 98 STATE 136516 G) 98 STATE 237895

1. SUMMARY. REFTELS PROVIDE DETAILED GUIDANCE ON THE
INTERPRETATION OF INA 222(G), RELATING TO ALIENS WHO
REMAINED BEYOND THEIR AUTHORIZED NONIMMIGRANT STAY. AS
POSTS ARE AWARE, A PORTION OF THE EARLIER GUIDANCE WAS
SUPERSEDED BY LATER ALDACS. FOR POSTS' CONVENIENCE,
DEPARTMENT IS SUMMARIZING BELOW THE CURRENT GUIDANCE ON INA
222(G), SO THAT POSTS WILL HAVE A QUICK, UP-TO-DATE
RESOURCE THAT CONSOLIDATES THE KEY INFORMATION CONTAINED IN
THE VARIOUS REFTELS. END SUMMARY

2. UNDER INA 222(G), IF AN ALIEN OVERSTAYS ON A
NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED. IN
ADDITION, THE ALIEN MUST APPLY FOR FUTURE NIV'S IN HIS/HER
COUNTRY OF NATIONALITY, UNLESS THE ALIEN QUALIFIES FOR AN
"EXTRAORDINARY CIRCUMSTANCES" EXEMPTION.


These are lines from Department of state ruling on INA 222G which immihelp
link has coated

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE FOR A COS OR
EOS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE
COS/EOS REQUEST IS SUBSEQUENTLY DENIED OR IS STILL PENDING
AT THE TIME OF THE ALIEN'S DEPARTURE. (BUT SEE BELOW,
CONCERNING THE BLANKET EXTRAORDINARY CIRCUMSTANCES
EXEMPTION FOR CERTAIN ALIENS WHO DEPART WHILE A COS OR EOS
APPLICATION IS PENDING.)

Bottom line is you are taking risk if your application is pending beyond your
I-94 Expiration date and you do not leave by the I-94 expiration date.
Later on if your application denied - your visa is cancelled.
But if you leave by I-94 expiration date and your application is denied
then visa is not canceled.
So file the application in time and even if it is denied before your I-94
expiration and you leave before that then visa is not cancelled
Click to expand...


the point is why do any body the risk of applying for extension if his visa is at risk???
what I heard is that the uscis give you time for leaving the country .
correct me if i am wrong thanks
 
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