stay while waiting the outcome of a request to stay

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  • 1 Post By twisted-pixel

stay while waiting the outcome of a request to stay


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Old 31st August 2020, 04:42 PM
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Default stay while waiting the outcome of a request to stay

so..long story short, my I-94 was due to expire in March...I had flights booked to leave and come back (therefore renewing my I-94) but covid hit and flights etc were cancelled. So we filed a request for extension (I-539). My understanding is that you can only request a maximum of 6 months extension, however the dead line for that 6 months is coming up and the status is still 'processing'. According to the USCIS website, the current processing time for the I-539 is 12 months....so it takes 12 months to process a request for a 6 month extension....this is all happening while my I-140 for a green card under EB1C is being processed.

but, am I legally allowed to stay in the US while the request for an extension is being processed if the date that the extension would have applied has passed? and what happens if the request is granted, but is counted from when it was submitted (march) and I'm still here 3 month after the extension would have expired?

hope that makes sense.

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Old 31st August 2020, 05:20 PM
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As your predicament is all down to your employment status in the UK, why are your employer's lawyers not helping you with this?
As I understand it you are in the US on some special business visa:

my SBC (Special Business Concession) visa was approved on Monday!!

The real terminology is B1 in lieu of H1 (which the person at the embassy had never heard of, but her supervisor had). This allows me to go back 'home' to the US. I'm so unbelievably excited to be going home.


I don't think that anyone on the forum can give advise as to your legality with staying in the US.

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I am not a regulated immigration advisor and am only providing my own personal views and opinions. This should not be relied upon as advice.
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Old 31st August 2020, 05:22 PM
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I'm waiting for the UK lawyers to get back to me, but I just thought I'd ask if anyone here had any idea was all as to whether you can legally stay while waiting for the outcome of an I-94 extension

Judging by what the processing times on the USCIS website says, my GC application will get approved before my I-94 extension will be...but then again, who knows!!


Last edited by twisted-pixel; 31st August 2020 at 05:31 PM.
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Old 7th September 2020, 04:36 PM
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quick update...the extension request hasn't been completed yet and you can't submit another one. So, I have to leave the country and then come back in again. There is a risk that I wont be allowed back in, only a few days left of my valid visa (which technically is enough), but depends on the mood of the immigration officer when I return.

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Old 8th September 2020, 12:56 PM
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Quote:
Originally Posted by twisted-pixel View Post
quick update...the extension request hasn't been completed yet and you can't submit another one. So, I have to leave the country and then come back in again. There is a risk that I wont be allowed back in, only a few days left of my valid visa (which technically is enough), but depends on the mood of the immigration officer when I return.
It took you almost six months to figure out that you did not file an extension?


Of course the mood of the immigration officer determines your fate

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Old 8th September 2020, 01:58 PM
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Quote:
Originally Posted by twostep View Post
It took you almost six months to figure out that you did not file an extension?
no, we filed the extension but it's status is still "processing". So we can't file another one.

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Old 15th September 2020, 10:18 PM
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so, I was allowed back in. The immigration officer was in a very good mood and didn't question anything....but....he did register that I came in on the wrong visa!! So, although I was allowed back in, I can't legally work. I did try to explain but he said "you're done, just go. Good bye".
Our lawyers are working on fixing it....but...the good news...

I received notification that my I-140 was approved!!

one step closer to my EB1 green card
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