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B Extension of Status: Things to keep in mind

By October 6, 2021Immigration
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If you filed an extension of status petition (or multiple extensions of status petitions) during the Covid-19 pandemic, there are several things you should keep in mind such as what date you asked that your status is extended until.

There are several things you should keep in mind to make sure that you always maintain your status in the U.S.:

  • It is extremely important to keep in mind what date you asked that your status is extended until in the I-539 petition: you cannot stay in the U.S. past this date (as otherwise it will be viewed as overstay). For example: you filed an extension of status petition in April 2021. You asked that your status is extended until October 10, 2021 (the maximum amount of time you can request in the B extension petition is 6 months). You will either have to leave the U.S. before this date or file another extension before October 10, 2021 (the second petition would have to be received by USCIS before October 10, 2021).
  • You can leave the U.S. after the extension of status petition has been filed without abandoning the petition. This means that your application could still be approved even if you leave the U.S.
  • You will have to attend a biometrics appointment for your application to be approved. If you cannot attend the appointment at the time indicated on the Biometrics notice, you should call USCIS as soon as possible and re-schedule the appointment. Otherwise, if you miss the biometrics appointment, USCIS could deny your petition. To sum up points 2 and 3, you can leave the U.S. after your extension of status petition have been filed, but this should only be after you attended your biometrics appointment.

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