Extension of Non-Immigrant Visa Stay Application

[Tracy-->NY 40]

My husband is here visiting me and our son and has a ticket booked to return on June 28th, I had applied for an extension for him in at the End of February to stay until mid August, however, to date I haven't gotten back a response with the status on uscis.gov only say case was received on February 28.  Our son's moving up ceremony was suppose to be on June 23 but has now been rescheduled to June 30.  As we are awaiting his IV interview which may be scheduled by September 2017 would it have a serious impact (refusal/ban) if he stays after June 28th. 

 

 

[Californiansunset 336]

9 minutes ago, Tracy-->NY said:

My husband is here visiting me and our son and has a ticket booked to return on June 28th, I had applied for an extension for him in at the End of February to stay until mid August, however, to date I haven't gotten back a response with the status on uscis.gov only say case was received on February 28.  Our son's moving up ceremony was suppose to be on June 23 but has now been rescheduled to June 30.  As we are awaiting his IV interview which may be scheduled by September 2017 would it have a serious impact (refusal/ban) if he stays after June 28th. 

 

 

As long as there's a pending case (in your case an extension of a visa) he is not accrueing an overstay and would not get a ban. Once a decision is made and it is a refusal then it starts to have consequences for him. I don't know the current processing times for a non-immigrant visa extension but last time i checked it took 8 months and longer. So he should be okay for a little while. I've done the same before. I was on a B1 visa in the US and applied for an extension but left three months later before a decision was made on my case. It didn't hurt any future entries. In fact I already came back two months after that on ESTA and no one questioned me about my extension application. 

[Tracy-->NY 40]

Thanks Californiasunset for the above.  I know there is some issue dealing with 180 days. Do you know what exactly is this and how it would affect his current IV application. Thanks again.

[Tracy-->NY 40]

My husband's extension of stay request was approved, the notice is dated September 12 and got it yesterday.  However, it states his extension of stay was approved till June 28th which was the date I requested but he left on Saturday, September 16 to attend his interview in October.  Does this mean he will accrue a overstay from June 29th, if so, how will this affect his interview?