Should applicant leave before INS answer regarding I-539 if I-94 expires?

[Rose of Cairo]

We applied for extension of staying I-539.

I-94 expires in 1 month. If we don`t get response from INS by the expiration i-94 date regarding our I-539 should applicant leave US according to I-94 permission or he should wait for the INS answer in spite of it?

So if, for example, i-94 expires 20 october and applicant hasn`t got response from INS till this date should he leave or not?

 

[mkhan1000]

No. You don't have to leave since you have already applied for extension. So even if I-94 expires you are in valid status becuase you have applied for extention.

 

[Rose of Cairo]

No. You don't have to leave since you have already applied for extension. So even if I-94 expires you are in valid status becuase you have applied for extention.

Thank you! may I ask you: if her application is denied after her I-94 expires will she be "out of status" and won`t be allowed to enter US in her next visit? Her visa is valid for 4 years more.

 

[sufi]

You run a risk if the extension is rejected. If it is rejected then the visa-holder will be out-of-status!

Just my 2 cents!

 

[NANC]

Legal Web-site link for officeally staying B2 visa holder after Extension applying

Hi Friends,

Can anyone give me LEGAL WEB-SITE LINK saying
"B2 visa holder can officeally stay in USA after applying for VISA EXTENSION [I-539 application] even if I-94 IS EXPIRED..... !!!!!

thank you,
-nanc

 

[kartheg2]

Did the applicant receive acknowlegement from INS ?

Rose of Cairo,

Did the applicant receive an acknowledgement / reciept of filling for extension from INS ?. On the acknowledgment / receipt there will be a phone number to call. Call the number and a representative will tell u that the applicant can remain in US until the outcome of the extension is known.

If the applicant does not receive the acknowledgment before the I-94 expires, then the applicant is at risk.

I would adivce using the Internet to check the status as often as possible.