Leave US before B2 visa extension approve but after I-94 expired

[karenliao546 7]

Hi, we applied for a B2 visa extension online  for my aunt just before 5 days her I-94 expired due to an unexpected flight cancellation, and we got the I-797c immediately, not yet received the fingerprint notice. Her I-94 has expired 35 days so far.  However, my aunt really wants to go back to China and she wants to leave as soon as possible. My question is do we need to withdraw her application or do we need to inform USCIS before leaving? will it cause any consequence for her future arrivals? Will her B2 visa become void due to leave US before the extension approval? 

 

thanks

 

Karen

[SusieQQQ 11,586]

I’d suggest you withdraw the i539 just after she leaves. It is presumed abandoned when she leaves anyway, but this makes sure it doesn’t get adjudicated eventually and potentially have a denial.

In my understanding her b visa will not be voided (that happens if i539 is denied) but she will have an overstay showing on her record, albeit not unlawful presence because i539 was timely filed. The next time she applies for a visa she will have to answer “yes” to the question that asks if applicant ever overstayed before. One hopes the consuiate will be understanding of the circumstances. Make sure she keeps a record of the i539 application and of when she actually leaves. She will probably need to show those at her next visa application.  

Edited May 10, 2020 by SusieQQQ

[karenliao546 7]

2 hours ago, SusieQQQ said:

I’d suggest you withdraw the i539 just after she leaves. It is presumed abandoned when she leaves anyway, but this makes sure it doesn’t get adjudicated eventually and potentially have a denial.

In my understanding her b visa will not be voided (that happens if i539 is denied) but she will have an overstay showing on her record, albeit not unlawful presence because i539 was timely filed. The next time she applies for a visa she will have to answer “yes” to the question that asks if applicant ever overstayed before. One hopes the consuiate will be understanding of the circumstances. Make sure she keeps a record of the i539 application and of when she actually leaves. She will probably need to show those at her next visa application.  

thanks for your response. Feel so lucky to know this website, thanks again!

[SusieQQQ 11,586]

Just to clarify, when I said keep a copy of the application, that includes the i797.  (there was recently a case on another forum of someone’s parents applying for a new visa after a prior i539 from nearly a decade ago, and the CO wanted to see the i797, they didn’t still have it and it was causing problems)

[karenliao546 7]

4 minutes ago, SusieQQQ said:

Just to clarify, when I said keep a copy of the application, that includes the i797.  (there was recently a case on another forum of someone’s parents applying for a new visa after a prior i539 from nearly a decade ago, and the CO wanted to see the i797, they didn’t still have it and it was causing problems)

sure, we will keep it. thanks again !

[Hawthorn tree 1]

Hello. I have a question. How many days took you guys to get receive I-797 notice from the day you send application?

 

[karenliao546 7]

7 hours ago, Hawthorn tree said:

Hello. I have a question. How many days took you guys to get receive I-797 notice from the day you send application?

 

if you submitted online , you would get it immediately, and the I-797c will in your USCIS account forever 

[Hawthorn tree 1]

32 minutes ago, karenliao546 said:

if you submitted online , you would get it immediately, and the I-797c will in your USCIS account forever 

We applied by paper based.

its been about 10days after we sent

[karenliao546 7]

7 minutes ago, Hawthorn tree said:

We applied by paper based.

its been about 10days after we sent

don't worry, you will receive it soon and the date on the I-797c will be the day they received your application

[Hawthorn tree 1]

Just now, karenliao546 said:

don't worry, you will receive it soon and the date on the I-797c will be the day they received your application

yea i was worried even though we sent by Fedex (tracking number and signature).

Thank you for answering my question.