B1 extension of stay

[BostonB1 1]

Hi I need you guys advice on my B1 visa situation. I filed B1 extension of stay on May 4,2020 while my I 94 was expiring on May 30,2020. I didn’t hear from uscis until Feb,2021 for my biometrics appointment. After my appointment today I got my EOS approved but they approved it for six months till November, 2020. I expected that in case they approve my extension they will validate my I 94 till my current stay and will give me dew days up so I can leave the country. But it didn’t happen. Does this make my stay starting from November 2020 unlawful? USCIS delayed the processing of application because of COVID so my overstay wasn’t in my hands, unless I left before they took decision on my case. But since I read you are lawful until you receive your case decision as long as you have filed an application on time. What should be my next step? Is there a way to approach USCIS about it? Or should I just leave the country and then file B1 from my home country and explain my situation there? I also wonder if there are people who have come across similar situation as me with their approved cases being backdated. Please give me advice I am very confused. 

Thanks 

[aaron2020 11,651]

You've overstayed since November 2020.  Your visa is no longer valid because of the overstay.

 

The extension that you filed for is for 6 months.  That means the latest that extension would last is 6 months from May 30, 2020.  You didn't file to extend beyond those 6 months.

 

Rarely, does USCIS gets a response for an extension out within 6 months.  You can't blame USCIS delays for not leaving by November.

 

You need to leave the country as soon as possible.  You will have to apply for a new B1 visa.  At the visa interview, you will be given an opportunity to explain why you didn't leave at the end of the 6 month extension that you asked for.  

[BostonB1 1]

2 minutes ago, aaron2020 said:

You've overstayed since November 2020.  Your visa is no longer valid because of the overstay.

 

The extension that you filed for is for 6 months.  That means the latest that extension would last is 6 months from May 30, 2020.  You didn't file to extend beyond those 6 months.

 

Rarely, does USCIS gets a response for an extension out within 6 months.  You can't blame USCIS delays for not leaving by November.

 

You need to leave the country as soon as possible.  You will have to apply for a new B1 visa.  At the visa interview, you will be given an opportunity to explain why you didn't leave at the end of the 6 month extension that you asked for.  

thank you for replying. I am planning to leave within couple of days and looking at flight tickets right now. My only reason for not leaving was that I was waiting for USCIS to make a decision on my case and I understood that COVID delays will affect the processing times as biometrics appointments were cancelled and capacity was reduced. I was under the impression that I could stay as long as I have filed my application on time. Is this a good enough reason to give at the consulate when I apply for B1 visa? 

[SalishSea 18,125]

10 minutes ago, BostonB1 said:

Is this a good enough reason to give at the consulate when I apply for B1 visa? 

You can give that as a reason.  It is unlikely you will get another B visa, having overstayed for four months already.

[aaron2020 11,651]

The US Consulate will evaluate your situation based on what you tell them.  No way for us to even guess if your reasons will satisfy them.  

[BostonB1 1]

1 minute ago, Jorgedig said:

You can give that as a reason.  It is unlikely you will get another B visa, having overstayed for four months already.

I am doing my USMLEs and plan on doing observerships. I mentioned all of this in my extension application. It’s not like I overstayed without a pending application. My biometrics appointment was only scheduled this month. 

[BostonB1 1]

2 minutes ago, aaron2020 said:

The US Consulate will evaluate your situation based on what you tell them.  No way for us to even guess if your reasons will satisfy them.  

I understand. thank you for replying. 

[SalishSea 18,125]

Just now, BostonB1 said:

I am doing my USMLEs and plan on doing observerships. I mentioned all of this in my extension application. It’s not like I overstayed without a pending application. My biometrics appointment was only scheduled this month. 

An overstay is an overstay though, and can impact the ability to get future nonimmigrant visas.

[BostonB1 1]

Just now, Jorgedig said:

An overstay is an overstay though, and can impact the ability to get future nonimmigrant visas.

I understand. That’s why I wanted to know if there would be some kind of compensation as COVID delayed processing times

[Mystery 2020 30]

When you applied for the extension you knew the maximum time that would be granted would be 6 months, which would allow you to stay until November.

 

Staying past November was a choice you made, knowing you would be overstaying whatever the result of your application was. That was nothing to do with the pandemic, that was your choice.

 

You need to leave the US.

[SalishSea 18,125]

4 minutes ago, BostonB1 said:

I understand. That’s why I wanted to know if there would be some kind of compensation as COVID delayed processing times

Not that I've heard.

[SalishSea 18,125]

11 minutes ago, BostonB1 said:

It’s not like I overstayed without a pending application.

Overstay isn't forgiven in your situation, as it would be in other situations though.  Best bet would have been to leave no later November of 2020.

[BostonB1 1]

18 minutes ago, Jorgedig said:

Overstay isn't forgiven in your situation, as it would be in other situations though.  Best bet would have been to leave no later November of 2020.

Ok

[SusieQQQ 11,587]

1 hour ago, BostonB1 said:

thank you for replying. I am planning to leave within couple of days and looking at flight tickets right now. My only reason for not leaving was that I was waiting for USCIS to make a decision on my case and I understood that COVID delays will affect the processing times as biometrics appointments were cancelled and capacity was reduced. I was under the impression that I could stay as long as I have filed my application on time. Is this a good enough reason to give at the consulate when I apply for B1 visa? 

Look at it from this perspective: in your application you would have had to explain why you would leave after the November extension you asked for. Yet, you didn’t leave then. This is the probably the main thing you will be asked to  address in a new B interview. Quite honestly, I don’t think “ i thought I could stay longer so I did” is really going to be a great answer.

You did slightly misunderstand the situation: you were in overstay from the end of the original i94, until the approval to the extension backdated that to being in lawful status, until Nov. That means you then started being in overstay from the expiry of the new, Nov i94. You were not in a lawful status awaiting the decision, however during this period of awaiting the decision you were not accruing unlawful presence. It is a subtle distinction but an important one - as unlawful presence is what counts towards a ban.  Read the section “What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?” on page 3 of this USCIS guide: 

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

Edited March 19, 2021 by SusieQQQ

[BostonB1 1]

7 minutes ago, SusieQQQ said:

Look at it from this perspective: in your application you would have had to explain why you would leave after the November extension you asked for. Yet, you didn’t leave then. This is the probably the main thing you will be asked YI address. Quite honestly, I don’t think “ i thought I could stay longer so I did” is really going to be a great answer.

You did slightly misunderstand the situation: you were in overstay from the end of the original i94, until the approval backdated the extension. That means you then started being in overstay from the new, Nov i94. You were not in a lawful status, however, during the period of awaiting the decision you were not accruing unlawful presence. It is a subtle distinction but an important one - as unlawful presence is what counts towards a ban.  Read the section “What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?” on page 3 of this USCIS guide: 

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

thank you, your reply is very helpful. However my reason of stay is literally the truth because this is how I interpreted the situation and decided to wait for USCIS to make a decision on my case. While I was waiting I also found another observership at a hospital to do as I didn’t want to waste my time, is that a good reason to pitch in?