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I-94 expires and USCIS ELIS I-539 status is pending

New York, NY |

I know this question has been asked and answered that we may remain while our application is pending but I would to ask something different. I've applied for extension via ELIS online system. I thought it will shorten the processing and decision time. But I guess it's not. What do you think? Also in USCIS website, it's stated that we need to apply at least 45 days prior from expire date. And I've applied 2 months before my 1-94 expires. But now I see that they can make the decision usually in 2,5 months or more. If processing time is this long, why do they give the 45 days advice? I believe this 'at least 45 days' advice really confuses people like me. Do you think USCIS ELIS applications can get quicker response like within 1,5 months or 45 days. I'm in "initial review" process so far

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Attorney answers 3


Estimated processing times are always as posted on the USCIS website.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


As to your first question, I do not think anything. You are fine and you should be patient. Engaging in speculation is counterproductive.
As to your second question, please do nor concern yourself with those matters. You are a visitor. Why would you care how the system works?

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



Thank you for your prompt reply. I concern myself with these matters because it's related with me :) If I knew this processing time would take that long, I would apply for extension way earlier. That's why I care about the system.


You are struggling with the inconsistency and confusion that confronts immigration lawyers and their clients on a daily basis. I don't know if ELIS is currently getting faster processing than paper filings or not, but I believe that it eventually will, and it is certainly the wave of the future. Most universities are now using the ELIS system.