Garg.K.Vinod@Gmail.Com

Hi

I along with my wife are here on B1/B2 visa up to 10/23 as per I-94.
We applied for a extension for one month and have I539 acknowledgement
receipt from uscis.

My question is whether I stay in the country on the basis of the
receipt till i receive my approval notice or leave the country by
10/23(I-94 expiry date)

Thanks in advance ..

Regards,
Sachin.

another Bob

In article <>,
<""> wrote:

> Hi
>
> I along with my wife are here on B1/B2 visa up to 10/23 as per I-94.
> We applied for a extension for one month and have I539 acknowledgement
> receipt from uscis.
>
> My question is whether I stay in the country on the basis of the
> receipt till i receive my approval notice or leave the country by
> 10/23(I-94 expiry date)
>
> Thanks in advance ..
>
> Regards,
> Sachin.
>
If you leave the US the petioin will be cancelled. So don't do that!
You are not out of status while you are processing this change.

If your application is not processed by the time you plan to leave, you
can just leave. The USCIS seems to detect this when your I-94 is turned
over to the airline. Or you can send them a letter to cancel the
application. Keep all documentation.

another bob (not a lawyer, just interested in the visa stuff)

J. J. Farrell

On Sep 28, 12:10 am, "garg.k.vi...@gmail.com" <garg.k.vi...@gmail.com>
wrote:
>
> I along with my wife are here on B1/B2 visa up to 10/23 as per I-94.
> We applied for a extension for one month and have I539 acknowledgement
> receipt from uscis.
>
> My question is whether I stay in the country on the basis of the
> receipt till i receive my approval notice or leave the country by
> 10/23(I-94 expiry date)

If your applications for extensions are "non-frivolous" (that is,
applications which you could reasonably expect to be approved) then
you remain in status until the applications are processed or you reach
the end of the extension period you asked for.

You may well not get an answer before the end of your extension period
anyway, in which case there's no problem. If they answer with
approvals, again no problem. However, if you get an answer and it's a
refusal then you must leave the USA "immediately" (assuming that by
then it is beyond your current I-94 expiry).