Hi, I travel to US on my B1/B2 visa, now I'm applied to extension, month ago, case is still pending. Can i change my status to O1 or H1B while my extension petition is still pending?
Yes, it's possible, but all applications will need to be approved and you will need to look out for intent issues. Definitely work with an attorney on this case.
Hi,Sir I'm a French citizen. I want to live in USA. I would like to make an appointment with you for some Information about the administration. So how can I booked an appointment please. Your regard
Hello, such a question: my mother arrived on a tour visa (from Ukraine) on April 17, 2022. She planned to leave on October 5th. But our city began to be bombed with drones two days before departure. And we decided to leave her here (forced ) )). And they filed for an extension of stay I 539 - + 14 days before the expiration of 6 months. And she needs to fly out in April, and there are still no results on I 539. She doesn't want to stay and wait for results. They made prints (there are in the system), they paid. Tell me what are the consequences if she leaves and does not wait for approval. Thank you.
Hi, she is free to leave at any time, but should be prepared to explain the situation upon her next arrival to the US. I would plan to set up a consultation at that time to discuss how to handle the next border crossing so she can keep her visa and won't have any issues crossing. You can always set one up now if you would like. Email me at daniel@shafferimmigrationlaw.com
Hey mr Shaffer. How does one go about withdrawing/ cancelling a pending i593? My wife applied to change her status from b2 to l2, since i have an l1 visa, and applied change the status with the i593. We have since decided to do a ds160 so that she can get the physical visa to travel and wanted to know how to withdraw/ cancel her application. Any feedback will be appreciated. Thanks
Hello, normally you would send a withdrawal letter to the service center where the application is pending. However, it may not be best to do that in this case until after the DS-160 is approved and she has a visa in her hand. I recommend setting up a consultation with myself or another attorney to discuss the best path forward.
Hi! I applied for no objetion waiver, but I haven't got it yet and my visa j1 (teacher) is about to expire. Can I fiil I- 539? Does it process will affect my waiver process? Thanks a lot!
Hello, I would need more information about your situation to answer the question fully. Please email me at daniel@shafferimmigrationlaw.com to set up a call. Thanks!
Hi, Shaffer Immigration! i'm dealing with this right now. i filed for i-539 extension of stay last May and still waiting for their decision. i only requested for an extension until December 14, 2022 which is 1 month away from now. Here's my questions: Should i leave the country on or before december 14th? What will happen if i leave the country without their decision? Will it affect my pending i-130 petition?
Hi Paul, I would need to review some of your documents and ask a few more questions about the case to tell you for sure. Send me an email to daniel@shafferimmigrationlaw.com and we can set up a time for a consultation. Thanks!
Hello, Thanks for the very useful video which I have been searching for.I would like to get clarified with my mom case. My mom was in US on her B2 visa which was granted I94 until June 2022.She couldnt travel on the planned date because of COVID and she applied i-539 for extension of status.She gave her fingerprints and she left US by end of July 2022, when situation was favourable. but the case is still in pending state and no final decision has been taken. Will there be any issues if she enters US again some time this year in 2023 ? .. She has all proof of leaving the US by july 2022.
Hello, yes should could have issues if she does not understand how to handle the border crossing correctly and what documentation to bring. Feel free to email me at daniel@shafferimmigrationlaw.com and we can set up a consultation to discuss her case.
my in-laws are from Thailand. they have been visiting me with a b12 visa. if I do extend their time here in the US with the I-529, are they going to get banned from coming into the US next time and denial for their green card?
Good day. Just some clarification . If I can enter US after receiving a denial due to abandonement after my application for I-539 because I was alrrady home in the phil. August 16.2020 when thre letter for biometrics schedule Seotember 28.2020. Because Im planning to visit my daughter this January 2022.
There can be complications with entering the US again after a denial. You may be able to do it, but it's best to be prepared to properly cross the border and answer CBP's questions accurately. Email me at shafferimmigrationlaw@gmail.com to set up a consultation and I can review your case and provide you with instructions for crossing the US border on your next trip.
@@jacquelinebarranco4516 did you end up coming back? My grandma is in the same situation. I dork know if they will let her in if she attempts to travel to the US again
I left the US before my i539 was decided I called the USCIS and spoke with an agent who never told me about any letter before I leave so I just left. What do I do? Will I be able to travel again?
Hi Monique, you may be able to travel again on that same visa, but there are some complicated factors at play here. I would like to review all of your documents and immigration history before I can give you a more complete answer. If you want to set up a consultation, send me an email to shafferimmigrationlaw@gmail.com
Good evening. I applied for a I-539 extension in July last year and the decision is still pending. I returned to my home country in December before the limit date of the extension. Can I return to the us or do I have to wait for the I-539 decision?
Hello. This is a complex question. You may be able to return, but it will depend on the specific facts of your case, and there are some documents that you will need to bring with you when you visit the US. Send me an at shafferimmigrationlaw@gmail.com and we can set up a consultation to discuss this in detail.
Hi. I filed an I-539 application for my family, my family is still here in the States, I filed the application in May 2022, biometrics was taken and received in June 2022. It is still pending as of today, so howling can my family be legally staying in the States while waiting for the result of I-539 application? Candy family file the I-539 application for the second time if my family haven't received the result back, because it is approaching the legally staying period of time while waiting for the result from their 1st-time of the application? My family have B2 visa. Thank you!
Hello! We can set up a consultation to discuss all of these issues in depth. It's too much to explain here in a comment. Send me an email to daniel@shafferimmigrationlaw.com and we can schedule a call.
Hello, I filed my mother’s I-539 and the case was updated 4 months after she left and a biometric was scheduled for her which she obviously missed due to being out of the US. Her B1B2 is up for renewal, is it advisable that she comes to the US once her B1B2 is renewed?
It's difficult to say right now, especially considering the delays that are still happening due to the backups from the COVID shutdowns. I would say the average I have seen is about 6 - 8 months from when biometrics are done, but it depends on where you filed and honestly it varies quite a bit. If you are still in the US, be sure that you file another extension (even if the original extension has not been decided yet) so you do not accrue unlawful presence in the US.
@@harrkaurr954 If you need to stay longer, you can file another extension the same way you filed the first one, on form I-539. It might be worth it to set up a consultation to be sure you will not create any issues for yourself in the future with multiple extensions.
Hi Shaffer Immigration. I came down to the US from Canada with two minor children and 1 adult child. (We are all Canadian Citizens) We all received our I-94's when crossing by plane under a B1 visitor visa for pleasure. We decided to extend our stay and submitted an I-539 application to change our status from B1 to B2 for business. The processing time for an approval or denial is up to 2 years. I plan on staying in the US during this time but my adult child and my two minor children would like to return to Canada for summer holidays. Will their I-539 applications be canceled or do they come back into the states on the original I-94? Any update on this is appreciated.
Hi Tasha, their I-539s would technically be abandoned if they leave the US, which could result in a denial. They would get a new I-94 if border patrol lets them back in a second time. I also foresee some issues with you staying the US for that length of time. It would be best to discuss this in a formal consultation. Send me an email to shafferimmigrationlaw@gmail.com and we can schedule a time to speak in more detail.
Hi Jennifer, simply getting the biometrics notice does not mean that they have approved your case. It just means that the case has been received by USCIS and the fee was accepted. Biometrics is not an indication of the final outcome of your case.
Hi Shaffer I just got my status approved from J1 to F1 but I wanna go visit home what steps shall o take next? I hear some people say I should get my passport stamped and others say if I leave I won’t be able to come back. Thank you in advance
If you did a change of status from within the US then you don't have a visa, you only have F-1 status. Thus, you will not be able to re-enter the US because you do not have a visa. You should apply for a visa at the embassy in your home country. To be clear there is nothing stopping you from leaving, but the status you got from USCIS will not allow you to return.
Hi Shaffer Immigration, My parents had entered the United states on Jan 10 2020 and their I-94 was till July 09 2020. Due to COVID-19 we had to extend their visa by filing an I-539 on June 4th 2020 as there were no flights at that time to India because of COVID-19. Until September 2020, we haven't heard anything from USCIS and the COVID-19 cases are soaring high here in the USA and by then the flights were operational to India. So we were able to secure tickets for my parents back to our home country on Sep 22nd 2020. On March 3rd 2021, we received a letter from USCIS requesting that my parents submit biometrics. But since they left(US)in September 2020, they can't get the biometrics done. I got a denial notice recently stating that "A review of official records shows that you departed the United States on September 22nd, 2020. Because you have departed the United States, you will be unable to satisfy the biometric requirement of the Form I-539. Regulations require all applicants on a Form I-539 attend a biometric appointment at their nearest ASC. USCIS is denying your application as a matter of discretion. Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B-2 nonimmigrant by U.S. Customs and Border Protection. " Would they have issues coming back to the US ?
Hi Steve, yes they may have issues crossing the border again if they don't bring the proper documentation with them and don't know how to answer the officer's questions correctly if asked about this. I recommend setting up a consultation so I can coach them through it and prepare them with the proper documentation to bring. Send me an email to daniel@shafferimmigrationlaw.com and we can find a time to speak.
Parents I94 - Feb 5,2020-Aug 4,2020 Applied I 539 - July 31,2020 (due to covid, flight cancelations) Receipt notice of I 539 - Aug 1,2020 Biometrics for both done on Sep 14,2020 Left USA - sep 23,2020 ( I 539 was still pending at their time of travel) As of Nov 13,2021..I 539 approved for my father, still pending for my mother. Both have valid visas Can they return to US with a pending I539? Sir, Please give us some clarity.
Hello, it does not sounds like your father will have any issue, but your mother's case is a bit more complicated with the application still pending. You need to be prepared for potential issues with CBP thinking that she overstayed and the USCIS last action rule. We can discuss it all in more depth on a consultation.
Wait… does this mean leaving the country doesn’t automatically abandon your application? I’m currently on a M1 visa, waiting for my EOS to be approved… already did my biometrics. I have a very important thing in my home country in a few weeks, and if my i-539 EOS is still pending - I still need to leave the country for a couple of days. But I am planning on coming back to the US the same week. I don’t want me leaving the country affecting the visa extension process. Could you please help me how this goes?
Hi Mr Shaffer. I have approved I797 valid till sep 2025. However my dependents H4 visa extension of stay i539 is in process. Is it ok if i (alone) travel outside of united states for a month while they are in US. Will be coming back with new visa stamping, stamping expired in Aug 2023.
Another question sir, with my F-1 student visa that is in process of reinstatement, can I leave the United States on vacation and return when the semester begins? will I have problems with that?
Hello, good morning, today I checked and my case was denied, I used to be an exchange student with the J1 visa and I got stuck during pandemic but I left USA while my process was pending. At that time I saw and a few months later my biometrics appointment were schedule but I couldn't go because I was in my home country without other type of visa. I would like to go to the USA in the future, but I feel afraid if for this detail they would say no to my application with a tourist visa request. Is it too late to send a withdrawal? :/
Hello, yes it is too late to send a withdrawal since the case has already been decided. But you probably will not have many issues applying for a tourist visa in the future. Just be sure to answer all of the questions truthfully, explain this situation clearly to the consular officer, and have the documentation ready to show your immigration history and filings. If you want to set up a consultation to discuss this in more detail, email me at shafferimmigrationlaw@gmail.com. Thanks!
Hi sir , I applied for extension in 2020 and only hear last July for my biometrics . Still haven’t heard about anything . What should I do ? Am I able to change visa status ?
If you are still in the US, you should probably apply for several more nunc pro tunc extensions to avoid an overstay. But before doing that, you should set up a consultation. This is a complicated situation to be in and needs some more in depth analysis.
I'm asking about transferring my J1 to F2 within the US. I'm subject to 212(e) restriction. Currently I'm a J1 doctoral student at Rice University, at the end of my second year. However, as my PhD qualify exam was not passed, I'll not be able to continue my studies as a J1 student. My current DS-2019 is from 2020 to 2026, but the school asked me to depart no later than August 15 (I asked the international office of my university that I will not have another DS-2019 form). My wife is now on a F1 student visa from Trine University (she also has the day1 CPT and has been working for an international company). I would like to transfer my J1 status to F2 status within US. I find that I need a J1 waiver to do it, so I just started the process yesterday and now has the Barcode from DoS, and submitted my application to China Embassy for NOL. However it may take time to get it. Therefore my question will be, can I apply the change of status from J1 to F2 and submit my I539 form as soon as I get my F2 I20 before August 15, so that I can stay in US lawfully after August 15? I know that I will not be granted the change of status without a J1 waiver, but can I apply it first to gain some days of lawful stay (while I'm also applying the J1 waiver)? Presumably by the time DoS requires further evidence from me, there are chances that my J1 waiver would be approved. Apart from this, I would also want to know whether my J1 waiver application could be affected if I for some reasons leave US before I am granted the J1 waiver. I'm asking this because my wife is now discovering an opportunity to ask her company to relocate her to Singapore for one and a half year, and I would then accompany her as a dependent to Singapore. It could happen soon or later or not at all, but I want to know if I cannot afford the time to wait for the J1 waiver to be approved before I leave the US, will my application be still considered? I know that my J1 to F2 change of status will be considered withdrawn if I leave the country soon, but I would still need the J1 waiver to get back to US in the near future with a H4 or L2B visa if my wife gets an H1B or L1B from her company when she worked in Singapore for more than one year. Thanks so much for your time and I'm looking forward to talking to you!
Good day, sir! I would like to ask about my mom's case. My mom went home to the Philippines and abandoned her I 539 because we didn't hear anything from USCIS until her almost 6th month after applying her I 539. Afraid of overstaying she went home by October 17. We filed her extension May 2nd because the airline canceled her flight due to covid. Now, my mom is here again with us in NYC but because of the denial due to abandonment, they only gave her 3 months to stay this time. I just passed my naturalization interview and waiting for my oath. I would like to file I 130 for her later. My question is,will the denial of her I539 due to abandonment affect my petition for her later?Looking forward to your response, sir. Thank you so much.
Hi Malen, no this probably will not affect her I-130 in the future if the application is handled correctly. I recommend reaching out to speak about the application before you petition for her to ensure there are no issues.
nice video! I have a question, sir. I have been waiting a year, 3 months since I applied for the reinstatement of my F-1 status, I am a student and a baseball player college, I have been in college since I applied for my reinstatement waiting for the answer to my case, I have not left the United States. I made my biometric appointment in June and since June I have not received a response from them, is this normal?
and I am still studying in the same college, and I always send them proof of my schedule or my transcripts just trying to let them know I am still here studying and playing ball, and I want to know if I am good?
Hi @@anyelomartesanchez , unfortunately applications like this are taking a very long time right now, so I am not surprised you have had to wait this long. Double check that you have not missed any letters from USCIS. Check you case status online here: egov.uscis.gov/casestatus/landing.do. And try to call them at 1 (800) 375-5283 to see if they can provide you with an update on your case and tell you what the last action on the case was. It might also be helpful to speak with the DSO at your school to see if they can give you more information. If you want to discuss it more, send me an email to shafferimmigrationlaw@gmail.com and we can set up a consultation. Thanks!
@@shafferimmigrationlaw perfect sir thank you, one more question sir. with my F-1 student visa that is in process of reinstatement, can I leave the United States on vacation and return when the semester begins? keeping all my support documents, will I have problems with that?
Hi .. very good information. One quick info, I have recently filed i539 for my daughter. How long it might take for the same to get approved. By the way I'm from San Francisco, California.
She should file her own I-539. Make sure her name is on all documents, not yours. It will probably take about a year for the case to be decided with the current processing times.
Hii sir.. I applied for b1b2 extend to f1 visa.. and I went for biometrics July 2020 ... still 16th month is over bt I didn't get any results... during this time can I get work permit?
Hi Liyana, I'm sorry to hear about this wait time! Unfortunately no, there is no basis on which you can apply for a work permit during the time the change of status is pending. You should also follow up with USCIS about the case to make sure that you have not missed any RFEs or decisions.
Probably not, but you can check if your case would be eligible based on the information here: www.dhs.gov/uscis-refunds-how-process-working-you-questions-cis-ombudsmans-teleconference-january-31-2008#:~:text=In%20general%2C%20USCIS%20does%20not,an%20incorrect%20fee%20was%20collected.
Hello Sir, I was on an F-1 student visa and graduated in May 2021. Back at that time, I could not find a suitable job for OPT nor come back home due to Covid. I filed Form I-539 Change of Status from F-1 to B-1/B-2 on 09/01/2021. Right now, I got a Ph.D. offer and will come home this May. USCIS is still pending my petition. I have 2 questions: 1/ Should I contact USCIS and withdraw my I-539 application? 2/ If USCIS denied my case, would it affect my future visa application or my ability to re-enter the US? Thank you so much!
Hello, it may affect your visa if the case is denied (or even approved). It depends on how long you will stay while waiting for the extension. If you want to set up a consultation so I can review your documents and give you a more complete answer, email me at shafferimmigrationlaw@gmail.com
Hello Sir,I am a M-1 visa holder ,i filled my i539 in may 2020,had my i94 last date as 28th October 2020 but had a valid i20 till 14th November 2020,i left the US on 21st November 2020. But I received my biometrics notice in april 2021(when I already had left the country),now i wish to enter usa again for my studies.,will there be any problem in my immigration die to this??
Hi Kaustubh, there might be issues, but I would have to look over all of your M-1 paperwork and extension application to be sure. It's too complicated of a question to answer with just this information. It does not sound like you did anything wrong, but I can't say for sure without reviewing all of your documents in a consultation. Sorry I could not be more help right now!
The answer to this question depends on a lot of factors, including when the extension was filed, what date the extension was asked to be approved until, and what the person is doing in the US. Most of the time, some who files an I-539 is able to stay in the US until the case is decided, but should file additional extensions if they do not receive the decision within a certain period of time. If you want a detailed analysis of a specific case, contact me at 202-823-1606 or shafferimmigrationlaw@gmail.com to set up a consultation.
Thank you for the video. I have a question, Can I stay in the USA while I am waiting for the approval or denial of the I-539 extension? I sent my documents to change my status to B2 for 4 months, then I have to leave since I start school in a different country ( this letter is in the evidence) but I have not received responde yet. Thank you.
Hi Laura, generally people are permitted to stay in the US while their extension of stay applications are pending, but not past the date you asked the extension to be granted until. It can be a bit complicated and is case-specific for each person as to whether or not remaining in the US will create bigger issues for them. I recommend emailing me at shafferimmigrationlaw@gmail.com to set up a consultation so we can go over your case in detail.
It is best to mail them to the address where your case is pending, which can be found on your I-797C. You also might be able to upload them to your online USCIS account, but the online system is not that reliable, so it is better to mail it.
Your I-539 should have been submitted to USCIS. If you need a blank copy, you can get it here: www.uscis.gov/i-539 or if you want a copy of what you already submitted, you can submit a FOIA request to USCIS here: www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
I did a change of status and I haven't received any answer yet. August 28 is the deadline, i got i cheaper flight for August 30, can I over stay 2 days?
Contact me to set up a consultation. I need more information about the case. But in general, no you cannot overstay by even 1 minute or your visas will automatically be cancelled and you will be subject to the consular shopping bar. There may be some exceptions in your case, but I need to see the documentation first to be sure.
Hello there. I applied for an extension two months ago. Already went to the biometrics appointment last week; however, they haven’t responded yet and my I-94 Form says I can stay only until next week. Any advice, please?
Hello, you are probably fine to stay while the application is pending, but I will need to review all of your documents to be sure. Send me an email to shafferimmigrationlaw@gmail.com to set up a consultation call where I can review everything and tell you what to do. Thanks!
Hello Sir, I would like to ask about my Dad’s case. We files for B2 visitor visa extension for my father last year and we got RFE now asking for more evidence, my father is still in USA. What is the best option for us? To respond to RFE and wait for reply or leave USA without responding? Or respond to RFE but leave USA? Which option is better for my father to not have any problems to return to USA in future?
Hi, I am on a TN visa (Canadian citizen) with D/S till 1 July 2021. I want to apply for B2 visa to visit my relatives in another state. I am thinking of applying for a change of status I-539 online. I plan to stay till Aug, and leave for Canada. I am sure I-539 will not be decided by that time. Will it be the right and legal step? Thanks. I would appreciate your advice.
Hi Vijay, I do not think you will get an answer on the I-539 in time, so you might want to exit the US and re-enter in order to visit your family. With the long processing times, this is probably the cleanest way to handle the situation if you are able to do that. Most Canadians don't need a visa to enter the US for tourism purposes, so you probably won't have to apply for anything at the embassy and can come back to the US relatively easily.
You should not send a "withdrawal" letter, you are just informing them of your departure and asking that they approve the extension up until the day you left. You can send it to the address shown at the bottom left of your I-797C receipt notice. That is where your case is pending.
Hi, I came here with a tourist's visa, and because of the pandemic y decided to apply for a student visa, I did it Whit the English institute, but the principal never told me that I have to renovate the textension of tourist's visa. and it's almost 5 moths Ang 14 days waiting the answer of inmigración Office, because of the delay I decided to leave USA, and saddle my I receive the paper to do the biometric test, that is 21 of June. What can I do? Maybe you can help me thanks.
Hi Geraldine, yes I'm sure I'll be able to help you, I think it's best to set up a consultation in this situation so we can speak on the phone. Send me a text or WhatsApp to +1 202 823 1606 or submit the contact form on my website at www.shafferimmigrationlaw.com/contact. After that we can find a way to speak and decide what is best to do in your case. Thanks!
Hi, Can I travel back to the US with an I-539 case open? It's been 6 months since I left the US and it's been more than 1 year since I applied the extension, but I haven't had the decision yet, it's still pending. Thanks
@@shafferimmigrationlaw Thank you very much for delivering a lot of information . One last question sir, if I travel to US before they make the decision on my case , they can denied my entry at the airport? Even I applied for extension before my i-94 expired? Thanks have a good one!!!
@@Praxedis2020 They probably will not deny you entry based only on this. It is important to keep in mind that CBP has broad discretion to deny anyone for really any reason, but I know people have traveled back to the US in situations like yours with still pending applications and have not had any issue. Be sure to bring proof of your filings so you can demonstrate that you filed the extension application before the I-94 expired.
@@shafferimmigrationlaw thanks sir! I really appreciate your answer. Do you think I can get approve my extension i-539 even I left before they made the decisions ? Or do you think I will get denied? Also I did not the biometric because I already left the US. If I need any assistance in my case, I meant any issues with the last action rule , can I contact you ? Thanks
@@shafferimmigrationlaw I sent the letter before the biometric appointment letting they know that I was outside the US already. Thanks and I hope you’re doing well!! 👍🏼
Good Video .. I have a quick question .. Let's say the extension is denied for some reason before we left .. then obviously we will leave .. but will there be implications on the visa for re-entry?? or just it impacts the extension of I94 not re-entry (which we applied) ??
Hello, if you are physically in the US while an extension of stay application is denied, then your visa will automatically be cancelled and you will not be able to use that same visa to re-enter the US. You will need to go back to the embassy in your home country and apply for a new visa if you want to visit the US again. It won't matter if you are able to leave the US on the same day that you get the denial. Unfortunately the visa will be cancelled either way.
@@shafferimmigrationlaw Thanks for reply, Can you check the point #12 .. was browsing www.linkedin.com/pulse/staying-us-filing-i-539-important-points-mangmang-cai/
@@mrshekar67 This is referring to a denial of an extension of stay application that is received while the applicant still has time left in their original period of stay (the date on their I-94 has not passed yet). This situation is very rare these days because USCIS is taking so long to approve extension of stay applications. If you get a denial while you are still in your original period of stay, then what this article is describing is true and your visa will likely not be cancelled if you leave quickly and before your I-94 expires. But if your period of stay has already passed (I-94 is expired) and you are just waiting on the extension to be decided, your visa will be cancelled as soon as the extension is denied if you are physically in the US. All of my clients are in this situation; none are in the situation described in that article, and I suspect you are not in the situation described in that article either.
Hi, i am Indian. I have b1/b2 visa. Bcoz of pandemic there was not any flight to india so I filled EOS But My Extension of stay is denied because i didn’t do biometric because i have left usa before it came. Now i want to come usa again. Can i re enter in usa? I hope to hear fruitful advice from you.
If you were outside the US when the denial was issued, then probably yes. But be sure that you have proof that you left before the denial with you when you arrive at the US border. Warning: nothing in immigration law is ever certain. I have heard of cases like yours where people were allowed to re-enter on the same B visa after an extension denial if they were outside of the US when the denial happened, but I cannot guarantee this will happen in your case because CBP has ultimate authority and can sometimes do things that are surprising. Please comment here again about crossing the border after you travel so others can benefit from your experience. Thanks!
Hello, I'm working with a TN my wife and daughter arleady went to biometrics, and the processing time for the i-539 says 11 to 15 months, their td visa are expired. Can we travel to Mexico on month #9 (processing time period) and re-enter to U.S with their non-epired B1/B2 visas?? What should/can we do? Thanks for this video
Hi Edgar, it's difficult to answer this here without having more information about the case and knowing what your ultimate goal is. Overall I don't think this is a good idea, but we can speak more in depth on a call if you would like. If you submit an inquiry on my website we can set up a time to talk: www.shafferimmigrationlaw.com/contact
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after months of surfing the internet I finally came across some one who is close to my answers. Thank heavens!
Glad I could help!
Hi,
I travel to US on my B1/B2 visa, now I'm applied to extension, month ago, case is still pending. Can i change my status to O1 or H1B while my extension petition is still pending?
Yes, it's possible, but all applications will need to be approved and you will need to look out for intent issues. Definitely work with an attorney on this case.
Hi,Sir
I'm a French citizen. I want to live in USA. I would like to make an appointment with you for some Information about the administration. So how can I booked an appointment please.
Your regard
Hello, go ahead and send me an email to daniel@shafferimmigrationlaw.com and we can speak more. Thanks!
Hello, such a question: my mother arrived on a tour visa (from Ukraine) on April 17, 2022. She planned to leave on October 5th. But our city began to be bombed with drones two days before departure. And we decided to leave her here (forced ) )). And they filed for an extension of stay I 539 - + 14 days before the expiration of 6 months. And she needs to fly out in April, and there are still no results on I 539. She doesn't want to stay and wait for results. They made prints (there are in the system), they paid. Tell me what are the consequences if she leaves and does not wait for approval. Thank you.
Hi, she is free to leave at any time, but should be prepared to explain the situation upon her next arrival to the US. I would plan to set up a consultation at that time to discuss how to handle the next border crossing so she can keep her visa and won't have any issues crossing. You can always set one up now if you would like. Email me at daniel@shafferimmigrationlaw.com
Hey mr Shaffer. How does one go about withdrawing/ cancelling a pending i593? My wife applied to change her status from b2 to l2, since i have an l1 visa, and applied change the status with the i593. We have since decided to do a ds160 so that she can get the physical visa to travel and wanted to know how to withdraw/ cancel her application. Any feedback will be appreciated. Thanks
Hello, normally you would send a withdrawal letter to the service center where the application is pending. However, it may not be best to do that in this case until after the DS-160 is approved and she has a visa in her hand. I recommend setting up a consultation with myself or another attorney to discuss the best path forward.
Hi! I applied for no objetion waiver, but I haven't got it yet and my visa j1 (teacher) is about to expire. Can I fiil I- 539? Does it process will affect my waiver process? Thanks a lot!
Hello, I would need more information about your situation to answer the question fully. Please email me at daniel@shafferimmigrationlaw.com to set up a call. Thanks!
Thanks for the video! Should I actually mail the documents mentioned in the video? Or could I upload them on USCIS site under my case? Thank you!
It depends on how you originally filed your case. Either way, do not do anything without first consulting an attorney.
Hi, Shaffer Immigration! i'm dealing with this right now. i filed for i-539 extension of stay last May and still waiting for their decision. i only requested for an extension until December 14, 2022 which is 1 month away from now. Here's my questions:
Should i leave the country on or before december 14th?
What will happen if i leave the country without their decision?
Will it affect my pending i-130 petition?
Hi Paul, I would need to review some of your documents and ask a few more questions about the case to tell you for sure. Send me an email to daniel@shafferimmigrationlaw.com and we can set up a time for a consultation. Thanks!
Hello,
Thanks for the very useful video which I have been searching for.I would like to get clarified with my mom case. My mom was in US on her B2 visa which was granted I94 until June 2022.She couldnt travel on the planned date because of COVID and she applied i-539 for extension of status.She gave her fingerprints and she left US by end of July 2022, when situation was favourable.
but the case is still in pending state and no final decision has been taken. Will there be any issues if she enters US again some time this year in 2023 ? .. She has all proof of leaving the US by july 2022.
Hello, yes should could have issues if she does not understand how to handle the border crossing correctly and what documentation to bring. Feel free to email me at daniel@shafferimmigrationlaw.com and we can set up a consultation to discuss her case.
my in-laws are from Thailand. they have been visiting me with a b12 visa. if I do extend their time here in the US with the I-529, are they going to get banned from coming into the US next time and denial for their green card?
Good day. Just some clarification . If I can enter US after receiving a denial due to abandonement after my application for I-539 because I was alrrady home in the phil. August 16.2020 when thre letter for biometrics schedule Seotember 28.2020. Because Im planning to visit my daughter this January 2022.
There can be complications with entering the US again after a denial. You may be able to do it, but it's best to be prepared to properly cross the border and answer CBP's questions accurately. Email me at shafferimmigrationlaw@gmail.com to set up a consultation and I can review your case and provide you with instructions for crossing the US border on your next trip.
@@shafferimmigrationlaw thankx for your reply. First of all I want to know how much your PF .
@@jacquelinebarranco4516 Send me an email and we can discuss.
@@jacquelinebarranco4516 did you end up coming back? My grandma is in the same situation. I dork know if they will let her in if she attempts to travel to the US again
I left the US before my i539 was decided I called the USCIS and spoke with an agent who never told me about any letter before I leave so I just left. What do I do? Will I be able to travel again?
Hi Monique, you may be able to travel again on that same visa, but there are some complicated factors at play here. I would like to review all of your documents and immigration history before I can give you a more complete answer. If you want to set up a consultation, send me an email to shafferimmigrationlaw@gmail.com
did u travel again
@@canerimo4531 I never traveled again. I'm still awaiting a response from the us embassy
@@moniquepaltie1861 so weird.. i am in the same situation.. two months left to arrive and it is still pending
@@moniquepaltie1861 did u travel again?
Good evening. I applied for a I-539 extension in July last year and the decision is still pending. I returned to my home country in December before the limit date of the extension. Can I return to the us or do I have to wait for the I-539 decision?
Hello. This is a complex question. You may be able to return, but it will depend on the specific facts of your case, and there are some documents that you will need to bring with you when you visit the US. Send me an at shafferimmigrationlaw@gmail.com and we can set up a consultation to discuss this in detail.
Hi. I filed an I-539 application for my family, my family is still here in the States, I filed the application in May 2022, biometrics was taken and received in June 2022. It is still pending as of today, so howling can my family be legally staying in the States while waiting for the result of I-539 application? Candy family file the I-539 application for the second time if my family haven't received the result back, because it is approaching the legally staying period of time while waiting for the result from their 1st-time of the application? My family have B2 visa. Thank you!
Hello! We can set up a consultation to discuss all of these issues in depth. It's too much to explain here in a comment. Send me an email to daniel@shafferimmigrationlaw.com and we can schedule a call.
Hello, I filed my mother’s I-539 and the case was updated 4 months after she left and a biometric was scheduled for her which she obviously missed due to being out of the US. Her B1B2 is up for renewal, is it advisable that she comes to the US once her B1B2 is renewed?
Sent you an email. Thanks!
I found your video really helpful. I have one question that how long does it takes to process form i539 after biometrics are done?
It's difficult to say right now, especially considering the delays that are still happening due to the backups from the COVID shutdowns. I would say the average I have seen is about 6 - 8 months from when biometrics are done, but it depends on where you filed and honestly it varies quite a bit. If you are still in the US, be sure that you file another extension (even if the original extension has not been decided yet) so you do not accrue unlawful presence in the US.
@@shafferimmigrationlaw thankyou for the reply.
Yes, I am still here in the U.S (Texas)
How can I file another extension.
@@harrkaurr954 If you need to stay longer, you can file another extension the same way you filed the first one, on form I-539. It might be worth it to set up a consultation to be sure you will not create any issues for yourself in the future with multiple extensions.
Hi Shaffer Immigration. I came down to the US from Canada with two minor children and 1 adult child. (We are all Canadian Citizens) We all received our I-94's when crossing by plane under a B1 visitor visa for pleasure. We decided to extend our stay and submitted an I-539 application to change our status from B1 to B2 for business. The processing time for an approval or denial is up to 2 years. I plan on staying in the US during this time but my adult child and my two minor children would like to return to Canada for summer holidays. Will their I-539 applications be canceled or do they come back into the states on the original I-94? Any update on this is appreciated.
Hi Tasha, their I-539s would technically be abandoned if they leave the US, which could result in a denial. They would get a new I-94 if border patrol lets them back in a second time. I also foresee some issues with you staying the US for that length of time. It would be best to discuss this in a formal consultation. Send me an email to shafferimmigrationlaw@gmail.com and we can schedule a time to speak in more detail.
Hi I field the form of I-539 and they asked me for biometric so I want to know if they accept my application of extension or not ?
Hi Jennifer, simply getting the biometrics notice does not mean that they have approved your case. It just means that the case has been received by USCIS and the fee was accepted. Biometrics is not an indication of the final outcome of your case.
Hi Shaffer I just got my status approved from J1 to F1 but I wanna go visit home what steps shall o take next? I hear some people say I should get my passport stamped and others say if I leave I won’t be able to come back.
Thank you in advance
If you did a change of status from within the US then you don't have a visa, you only have F-1 status. Thus, you will not be able to re-enter the US because you do not have a visa. You should apply for a visa at the embassy in your home country. To be clear there is nothing stopping you from leaving, but the status you got from USCIS will not allow you to return.
@@shafferimmigrationlaw thank you so much
Hi Shaffer Immigration, My parents had entered the United states on Jan 10 2020 and their I-94 was till July 09 2020. Due to COVID-19 we had to extend their visa by filing an I-539 on June 4th 2020 as there were no flights at that time to India because of COVID-19. Until September 2020, we haven't heard anything from USCIS and the COVID-19 cases are soaring high here in the USA and by then the flights were operational to India. So we were able to secure tickets for my parents back to our home country on Sep 22nd 2020.
On March 3rd 2021, we received a letter from USCIS requesting that my parents submit biometrics. But since they left(US)in September 2020, they can't get the biometrics done.
I got a denial notice recently stating that
"A review of official records shows that you departed the United States on September 22nd, 2020. Because you have departed the United States, you will be unable to satisfy the biometric requirement of the Form I-539. Regulations require all applicants on a Form I-539 attend a biometric appointment
at their nearest ASC. USCIS is denying your application as a matter of discretion. Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B-2 nonimmigrant by U.S. Customs and Border Protection. "
Would they have issues coming back to the US ?
Hi Steve, yes they may have issues crossing the border again if they don't bring the proper documentation with them and don't know how to answer the officer's questions correctly if asked about this. I recommend setting up a consultation so I can coach them through it and prepare them with the proper documentation to bring. Send me an email to daniel@shafferimmigrationlaw.com and we can find a time to speak.
Parents I94 - Feb 5,2020-Aug 4,2020
Applied I 539 - July 31,2020 (due to covid, flight cancelations)
Receipt notice of I 539 - Aug 1,2020
Biometrics for both done on Sep 14,2020
Left USA - sep 23,2020 ( I 539 was still pending at their time of travel)
As of Nov 13,2021..I 539 approved for my father, still pending for my mother. Both have valid visas
Can they return to US with a pending I539?
Sir, Please give us some clarity.
Hello, it does not sounds like your father will have any issue, but your mother's case is a bit more complicated with the application still pending. You need to be prepared for potential issues with CBP thinking that she overstayed and the USCIS last action rule. We can discuss it all in more depth on a consultation.
Wait… does this mean leaving the country doesn’t automatically abandon your application?
I’m currently on a M1 visa, waiting for my EOS to be approved… already did my biometrics. I have a very important thing in my home country in a few weeks, and if my i-539 EOS is still pending - I still need to leave the country for a couple of days. But I am planning on coming back to the US the same week. I don’t want me leaving the country affecting the visa extension process. Could you please help me how this goes?
Hi Mr Shaffer. I have approved I797 valid till sep 2025. However my dependents H4 visa extension of stay i539 is in process. Is it ok if i (alone) travel outside of united states for a month while they are in US. Will be coming back with new visa stamping, stamping expired in Aug 2023.
Another question sir, with my F-1 student visa that is in process of reinstatement, can I leave the United States on vacation and return when the semester begins? will I have problems with that?
Hello, good morning, today I checked and my case was denied, I used to be an exchange student with the J1 visa and I got stuck during pandemic but I left USA while my process was pending. At that time I saw and a few months later my biometrics appointment were schedule but I couldn't go because I was in my home country without other type of visa. I would like to go to the USA in the future, but I feel afraid if for this detail they would say no to my application with a tourist visa request. Is it too late to send a withdrawal? :/
Hello, yes it is too late to send a withdrawal since the case has already been decided. But you probably will not have many issues applying for a tourist visa in the future. Just be sure to answer all of the questions truthfully, explain this situation clearly to the consular officer, and have the documentation ready to show your immigration history and filings. If you want to set up a consultation to discuss this in more detail, email me at shafferimmigrationlaw@gmail.com. Thanks!
Thank you so much for your answer!
Hi sir , I applied for extension in 2020 and only hear last July for my biometrics . Still haven’t heard about anything . What should I do ? Am I able to change visa status ?
If you are still in the US, you should probably apply for several more nunc pro tunc extensions to avoid an overstay. But before doing that, you should set up a consultation. This is a complicated situation to be in and needs some more in depth analysis.
I'm asking about transferring my J1 to F2 within the US. I'm subject to 212(e) restriction. Currently I'm a J1 doctoral student at Rice University, at the end of my second year. However, as my PhD qualify exam was not passed, I'll not be able to continue my studies as a J1 student. My current DS-2019 is from 2020 to 2026, but the school asked me to depart no later than August 15 (I asked the international office of my university that I will not have another DS-2019 form). My wife is now on a F1 student visa from Trine University (she also has the day1 CPT and has been working for an international company). I would like to transfer my J1 status to F2 status within US. I find that I need a J1 waiver to do it, so I just started the process yesterday and now has the Barcode from DoS, and submitted my application to China Embassy for NOL. However it may take time to get it. Therefore my question will be, can I apply the change of status from J1 to F2 and submit my I539 form as soon as I get my F2 I20 before August 15, so that I can stay in US lawfully after August 15? I know that I will not be granted the change of status without a J1 waiver, but can I apply it first to gain some days of lawful stay (while I'm also applying the J1 waiver)? Presumably by the time DoS requires further evidence from me, there are chances that my J1 waiver would be approved. Apart from this, I would also want to know whether my J1 waiver application could be affected if I for some reasons leave US before I am granted the J1 waiver. I'm asking this because my wife is now discovering an opportunity to ask her company to relocate her to Singapore for one and a half year, and I would then accompany her as a dependent to Singapore. It could happen soon or later or not at all, but I want to know if I cannot afford the time to wait for the J1 waiver to be approved before I leave the US, will my application be still considered? I know that my J1 to F2 change of status will be considered withdrawn if I leave the country soon, but I would still need the J1 waiver to get back to US in the near future with a H4 or L2B visa if my wife gets an H1B or L1B from her company when she worked in Singapore for more than one year. Thanks so much for your time and I'm looking forward to talking to you!
what address should i send letter to USICS from California ? Regards
It should be the address at the bottom left of your I-797 receipt notice.
@@shafferimmigrationlaw thankyou sir you are the best
Good day, sir! I would like to ask about my mom's case. My mom went home to the Philippines and abandoned her I 539 because we didn't hear anything from USCIS until her almost 6th month after applying her I 539. Afraid of overstaying she went home by October 17. We filed her extension May 2nd because the airline canceled her flight due to covid. Now, my mom is here again with us in NYC but because of the denial due to abandonment, they only gave her 3 months to stay this time. I just passed my naturalization interview and waiting for my oath. I would like to file I 130 for her later. My question is,will the denial of her I539 due to abandonment affect my petition for her later?Looking forward to your response, sir. Thank you so much.
Hi Malen, no this probably will not affect her I-130 in the future if the application is handled correctly. I recommend reaching out to speak about the application before you petition for her to ensure there are no issues.
Hi Malen, did your mom encounter any problem entering the US again after abandonment of I539?
nice video! I have a question, sir. I have been waiting a year, 3 months since I applied for the reinstatement of my F-1 status, I am a student and a baseball player college, I have been in college since I applied for my reinstatement waiting for the answer to my case, I have not left the United States. I made my biometric appointment in June and since June I have not received a response from them, is this normal?
and I am still studying in the same college, and I always send them proof of my schedule or my transcripts just trying to let them know I am still here studying and playing ball, and I want to know if I am good?
Hi @@anyelomartesanchez , unfortunately applications like this are taking a very long time right now, so I am not surprised you have had to wait this long. Double check that you have not missed any letters from USCIS. Check you case status online here: egov.uscis.gov/casestatus/landing.do. And try to call them at 1 (800) 375-5283 to see if they can provide you with an update on your case and tell you what the last action on the case was. It might also be helpful to speak with the DSO at your school to see if they can give you more information. If you want to discuss it more, send me an email to shafferimmigrationlaw@gmail.com and we can set up a consultation. Thanks!
@@shafferimmigrationlaw perfect sir thank you, one more question sir. with my F-1 student visa that is in process of reinstatement, can I leave the United States on vacation and return when the semester begins? keeping all my support documents, will I have problems with that?
Hi .. very good information. One quick info, I have recently filed i539 for my daughter. How long it might take for the same to get approved. By the way I'm from San Francisco, California.
She should file her own I-539. Make sure her name is on all documents, not yours. It will probably take about a year for the case to be decided with the current processing times.
Hii sir.. I applied for b1b2 extend to f1 visa.. and I went for biometrics July 2020 ... still 16th month is over bt I didn't get any results... during this time can I get work permit?
Hi Liyana, I'm sorry to hear about this wait time! Unfortunately no, there is no basis on which you can apply for a work permit during the time the change of status is pending. You should also follow up with USCIS about the case to make sure that you have not missed any RFEs or decisions.
In case i left us without I539 approved, can i get a refund of my money paid?
Probably not, but you can check if your case would be eligible based on the information here: www.dhs.gov/uscis-refunds-how-process-working-you-questions-cis-ombudsmans-teleconference-january-31-2008#:~:text=In%20general%2C%20USCIS%20does%20not,an%20incorrect%20fee%20was%20collected.
Hi how are you! If I have the H-2B visa could I apply for extension with the form I-539?
Hello Sir, I was on an F-1 student visa and graduated in May 2021. Back at that time, I could not find a suitable job for OPT nor come back home due to Covid. I filed Form I-539 Change of Status from F-1 to B-1/B-2 on 09/01/2021. Right now, I got a Ph.D. offer and will come home this May. USCIS is still pending my petition. I have 2 questions:
1/ Should I contact USCIS and withdraw my I-539 application?
2/ If USCIS denied my case, would it affect my future visa application or my ability to re-enter the US?
Thank you so much!
Hello, it may affect your visa if the case is denied (or even approved). It depends on how long you will stay while waiting for the extension. If you want to set up a consultation so I can review your documents and give you a more complete answer, email me at shafferimmigrationlaw@gmail.com
@@shafferimmigrationlaw I would like to know if I have the visa H-2B could I apply for an extension with the form I539 please advise
Hello Sir,I am a M-1 visa holder ,i filled my i539 in may 2020,had my i94 last date as 28th October 2020 but had a valid i20 till 14th November 2020,i left the US on 21st November 2020.
But I received my biometrics notice in april 2021(when I already had left the country),now i wish to enter usa again for my studies.,will there be any problem in my immigration die to this??
Hi Kaustubh, there might be issues, but I would have to look over all of your M-1 paperwork and extension application to be sure. It's too complicated of a question to answer with just this information. It does not sound like you did anything wrong, but I can't say for sure without reviewing all of your documents in a consultation. Sorry I could not be more help right now!
What If the person with the Pending I-535 case is still in the USA?
The answer to this question depends on a lot of factors, including when the extension was filed, what date the extension was asked to be approved until, and what the person is doing in the US. Most of the time, some who files an I-539 is able to stay in the US until the case is decided, but should file additional extensions if they do not receive the decision within a certain period of time. If you want a detailed analysis of a specific case, contact me at 202-823-1606 or shafferimmigrationlaw@gmail.com to set up a consultation.
Thank you for the video. I have a question, Can I stay in the USA while I am waiting for the approval or denial of the I-539 extension? I sent my documents to change my status to B2 for 4 months, then I have to leave since I start school in a different country ( this letter is in the evidence) but I have not received responde yet. Thank you.
Hi Laura, generally people are permitted to stay in the US while their extension of stay applications are pending, but not past the date you asked the extension to be granted until. It can be a bit complicated and is case-specific for each person as to whether or not remaining in the US will create bigger issues for them. I recommend emailing me at shafferimmigrationlaw@gmail.com to set up a consultation so we can go over your case in detail.
is there an e-mail where i can send them all the information proving that i left the usa before they made the decision?
It is best to mail them to the address where your case is pending, which can be found on your I-797C. You also might be able to upload them to your online USCIS account, but the online system is not that reliable, so it is better to mail it.
Hello sir,
what to do if i lost my i539 form, how to get duplicate?
Your I-539 should have been submitted to USCIS. If you need a blank copy, you can get it here: www.uscis.gov/i-539 or if you want a copy of what you already submitted, you can submit a FOIA request to USCIS here: www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
I did a change of status and I haven't received any answer yet. August 28 is the deadline, i got i cheaper flight for August 30, can I over stay 2 days?
Contact me to set up a consultation. I need more information about the case. But in general, no you cannot overstay by even 1 minute or your visas will automatically be cancelled and you will be subject to the consular shopping bar. There may be some exceptions in your case, but I need to see the documentation first to be sure.
Hello there. I applied for an extension two months ago. Already went to the biometrics appointment last week; however, they haven’t responded yet and my I-94 Form says I can stay only until next week. Any advice, please?
Hello, you are probably fine to stay while the application is pending, but I will need to review all of your documents to be sure. Send me an email to shafferimmigrationlaw@gmail.com to set up a consultation call where I can review everything and tell you what to do. Thanks!
Hello Sir,
I would like to ask about my Dad’s case. We files for B2 visitor visa extension for my father last year and we got RFE now asking for more evidence, my father is still in USA. What is the best option for us? To respond to RFE and wait for reply or leave USA without responding? Or respond to RFE but leave USA? Which option is better for my father to not have any problems to return to USA in future?
Hi Bindu, please send me an email to shafferimmigrationlaw@gmail.com. We will need to set up a formal consultation to go over this case.
Hi, I am on a TN visa (Canadian citizen) with D/S till 1 July 2021. I want to apply for B2 visa to visit my relatives in another state. I am thinking of applying for a change of status I-539 online. I plan to stay till Aug, and leave for Canada. I am sure I-539 will not be decided by that time. Will it be the right and legal step? Thanks. I would appreciate your advice.
Hi Vijay, I do not think you will get an answer on the I-539 in time, so you might want to exit the US and re-enter in order to visit your family. With the long processing times, this is probably the cleanest way to handle the situation if you are able to do that. Most Canadians don't need a visa to enter the US for tourism purposes, so you probably won't have to apply for anything at the embassy and can come back to the US relatively easily.
@@shafferimmigrationlaw Thank you!
How do i sent the withdrawal?? to which email/mail do I send??
You should not send a "withdrawal" letter, you are just informing them of your departure and asking that they approve the extension up until the day you left. You can send it to the address shown at the bottom left of your I-797C receipt notice. That is where your case is pending.
Hi, I came here with a tourist's visa, and because of the pandemic y decided to apply for a student visa, I did it Whit the English institute, but the principal never told me that I have to renovate the textension of tourist's visa. and it's almost 5 moths Ang 14 days waiting the answer of inmigración Office, because of the delay I decided to leave USA, and saddle my I receive the paper to do the biometric test, that is 21 of June. What can I do? Maybe you can help me thanks.
Hi Geraldine, yes I'm sure I'll be able to help you, I think it's best to set up a consultation in this situation so we can speak on the phone. Send me a text or WhatsApp to +1 202 823 1606 or submit the contact form on my website at www.shafferimmigrationlaw.com/contact. After that we can find a way to speak and decide what is best to do in your case. Thanks!
Hi, Can I travel back to the US with an I-539 case open? It's been 6 months since I left the US and it's been more than 1 year since I applied the extension, but I haven't had the decision yet, it's still pending. Thanks
@@shafferimmigrationlaw Thank you very much for delivering a lot of information . One last question sir, if I travel to US before they make the decision on my case , they can denied my entry at the airport? Even I applied for extension before my i-94 expired? Thanks have a good one!!!
@@Praxedis2020 They probably will not deny you entry based only on this. It is important to keep in mind that CBP has broad discretion to deny anyone for really any reason, but I know people have traveled back to the US in situations like yours with still pending applications and have not had any issue. Be sure to bring proof of your filings so you can demonstrate that you filed the extension application before the I-94 expired.
@@shafferimmigrationlaw thanks sir! I really appreciate your answer. Do you think I can get approve my extension i-539 even I left before they made the decisions ? Or do you think I will get denied? Also I did not the biometric because I already left the US. If I need any assistance in my case, I meant any issues with the last action rule , can I contact you ? Thanks
@@shafferimmigrationlaw I sent the letter before the biometric appointment letting they know that I was outside the US already. Thanks and I hope you’re doing well!! 👍🏼
@@Praxedis2020 I want to update you on something. Send me an email to shafferimmigrationlaw@gmail.com
Good Video .. I have a quick question .. Let's say the extension is denied for some reason before we left .. then obviously we will leave .. but will there be implications on the visa for re-entry?? or just it impacts the extension of I94 not re-entry (which we applied) ??
Hello, if you are physically in the US while an extension of stay application is denied, then your visa will automatically be cancelled and you will not be able to use that same visa to re-enter the US. You will need to go back to the embassy in your home country and apply for a new visa if you want to visit the US again. It won't matter if you are able to leave the US on the same day that you get the denial. Unfortunately the visa will be cancelled either way.
@@shafferimmigrationlaw Thanks for reply, Can you check the point #12 .. was browsing www.linkedin.com/pulse/staying-us-filing-i-539-important-points-mangmang-cai/
@@mrshekar67 This is referring to a denial of an extension of stay application that is received while the applicant still has time left in their original period of stay (the date on their I-94 has not passed yet). This situation is very rare these days because USCIS is taking so long to approve extension of stay applications. If you get a denial while you are still in your original period of stay, then what this article is describing is true and your visa will likely not be cancelled if you leave quickly and before your I-94 expires. But if your period of stay has already passed (I-94 is expired) and you are just waiting on the extension to be decided, your visa will be cancelled as soon as the extension is denied if you are physically in the US. All of my clients are in this situation; none are in the situation described in that article, and I suspect you are not in the situation described in that article either.
@@shafferimmigrationlaw thanks for detailed explanation
Hi, i am Indian. I have b1/b2 visa. Bcoz of pandemic there was not any flight to india so I filled EOS But My Extension of stay is denied because i didn’t do biometric because i have left usa before it came. Now i want to come usa again. Can i re enter in usa? I hope to hear fruitful advice from you.
If you were outside the US when the denial was issued, then probably yes. But be sure that you have proof that you left before the denial with you when you arrive at the US border. Warning: nothing in immigration law is ever certain. I have heard of cases like yours where people were allowed to re-enter on the same B visa after an extension denial if they were outside of the US when the denial happened, but I cannot guarantee this will happen in your case because CBP has ultimate authority and can sometimes do things that are surprising. Please comment here again about crossing the border after you travel so others can benefit from your experience. Thanks!
Thank you for your time and advice.will give you update soon.
If my i94 expired date and date of uscis received case for EOS is same. Am I filled eos timely?
@@vishvasoza9268 Yes, it was timely filed.
Shaffer Immigration Law travel ban is going on for india. I have visitor visa and i am spouse of green card holder.can i travel to usa?
Hello, I'm working with a TN my wife and daughter arleady went to biometrics, and the processing time for the i-539 says 11 to 15 months, their td visa are expired.
Can we travel to Mexico on month #9 (processing time period) and re-enter to U.S with their non-epired B1/B2 visas??
What should/can we do?
Thanks for this video
Hi Edgar, it's difficult to answer this here without having more information about the case and knowing what your ultimate goal is. Overall I don't think this is a good idea, but we can speak more in depth on a call if you would like. If you submit an inquiry on my website we can set up a time to talk: www.shafferimmigrationlaw.com/contact
Can i please have the email address to start with, thanks