b1/b2 visa exentsion, what happens in meantime?

[Galbania 0]

My father in law was supposed to leave the country in a few weeks.  He would like to stay in June.  He applied for an extension.  I've generally been told that it is not likely he will get one, but leaving that aside:

 

He has an application receipt.  USCIS said on the phone that as long as he has his receipt, he has not therefore overstayed his visa.

 

1.  Is that true?

 

2.  Anyone know the current processing times?

 

3.  If he goes past his original exit date, what happens if he is denied?  Do they give him a few weeks to be out?  I have the resources to put him on the next flight, but ideally we would have at least 5 days or so.

 

4.  If he is denied and is given time, and leaves before that time, is he considered to have overstayed his visa?  That is, will it harm him the next time he tries to come back?

 

Thanks

[SusieQQQ 11,587]

Processing time is long.

 

from uscis website, faqs

 

If your application is denied, in most instances, you may be required to depart the United States immediately. Once the application to extend your stay is denied, any nonimmigrant visa in your passport granted in connection with your classification becomes void.

[Russ&Caro 1,549]

I think everyone on this forum would recommend that he not overstay, even 1 day. It will jeopardize his chances for visiting in the future.

[WeGuyGal 1,052]

Unless it's a serious issue, say a medical one or something terrible at home, B2ers should exit the US prior to i94 expiration. Not worth the stress and wait for i539 adjudication that can take several months. Why jeopardize the visa? 

[Galbania 0]

So Just to be clear:  If he overstays and the O539 is denied he has therefore overstayed his visa no different than he if hadn't applied for the i539 but overstayed?

[Boiler 45,853]

How long has he been here.

 

Why does he want to stay until June.

[Galbania 0]

He will be here at 6 month mark as of sometime next week.  He wants to stay to hang around with my daughter until the end of school, and then bring her to Albania for a few months this summer.

 

 

[Boiler 45,853]

Seems unlike he would get an approved extension, however a denial will take long than he wants to stay so as long as he has no plans to re visit the US I do not see any harm.

[Galbania 0]

Well he does have plans to return to the US, that's the thing.  We don't want to jeopardize that.

 

So the issue is:

 

Let's say he has to be out on 3/15.  I understand of course that normally if he is later than that it's a problem.

 

But, we applied for an extension.  Let's say they deny that extension on 3/31 and he leaves the next day.

 

Is that considered overstaying in the negative sense that will keep him from re-entering?

 

Thanks

[Boiler 45,853]

Then he should leave as planned.

[Galbania 0]

thanks!