Should we apply for B1/B2 extension for 2nd time while the first extension application is pending or wait for decision letter?
Initial visa was issued for 6 months (03.04.2015 - 09.03.2015)
We applied for extension on 07.21.2015 (requested stay till March 2nd) and the application is currently pending.
3 attorney answers
You should timely submit a new I-539 with a copy of the I-797 receipt for the first I-539. My client had the exact same issue as you. She was admitted to the United States on a B2 Visa from June 18, 2014 until December 17, 2014. We timely filed an I-539 on December 15, 2014, requesting an extension of the tourist visa until June 15, 2015. As of June 2015, no decision was made on the I-539. On June 15, 2015, I timely filed a second I-539 with a copy of the receipt for the first I-539. On November 17, 2015 I received two approval notices in the mail, one for the first I-539 and one for the second I-539. Therefore, you should timely submit a second I-539 with a copy of the receipt for the first I-539.
One issue that you should consult an immigration lawyer about are the possible consequences of unlawful presence if the application for the first I-539 is denied.
The guidance and/or advice provided herein does not create an attorney-client relationship and is for general informative purposes only, One should only take action after retaining an immigration attorney.
Sponsored Listings
Your case is way beyond normal processing. Make an Infopass appointment as soon as you can and get a status update.
The first appointment is on March 3rd which is after the date requested in the initial extension application. Do you recommend wait until after the appointment or filing the 2nd extension application ASAP ?
You mean the first Infopass appointment is after March 3? Keep checking back as dates do open up. Got to be careful she does not trigger a bar from overstay. There is a problem here that has to be dealt with. Filing new one does not overcome that problem.
Sponsored Listings
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer
Thanks ! If denied and she leaves US immediately, does it still consider unlawful presence ? Does showing the proof of the timely application + rejection letter and documents showing immediate departure (i.e. ticket, ...) solve the issue ?
Jeffrey Slatus
In general, unlawful presence will only begin on the date of the denial, as long as the application was not frivolous, was timely filed, and the applicant did not engage in unauthorized employment. Again, it always best to set up a consultation with an immigration attorney if you think any of these are relevant.