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navdeep.mahajan
07-07-2009, 11:58 PM
I got the denial notice today and there is no date mentioned till when the parent needs to leave. What is the time frame within which the parent should leave after the denial of the extension of tourist visa.

navdeep.mahajan
07-08-2009, 10:13 AM
Thanks for the reply, its 30 days from what? My mom's original i94 expired on June 13th but she stayed because we had filed for her extension on May 7th when we actually received the receipt, we got the denial notice on July 7th which was issued on June 30th. So can she stay till July 30th (of course we are planning to leave as soon as possible) but always good to know legal stuff.

Also i have read on some forums here that her existing Visa may become invalid. I would like to know as her overstay was because she was waiting for an answer to her extension application will this cause her existing visa to become invalid and will she have to get a new one next time she wants to come from India or her existing visa is valid and we need to save the extension receipt and denial notice as proof for reasons of overstay.

mantagon
07-08-2009, 10:31 AM
Hi Navdeep,

My parent's VISA extension was also denied after their original I-94 had expired. The denial letter indicated that they have to leave within 30 days of the decision. So, just to be safe, your mother should plan on leaving the country latest by July 29 (should always have a couple of days buffer for any delays).
As regards to the VISA being invalid - check this out: http://immigrationvoice.org/forum/non-immigrant-visa/35960-parents-visitors-visa.html

Also, keep all paperwork for future travels. Hope this helps!

Thanks for the reply, its 30 days from what? My mom's original i94 expired on June 13th but she stayed because we had filed for her extension on May 7th when we actually received the receipt, we got the denial notice on July 7th which was issued on June 30th. So can she stay till July 30th (of course we are planning to leave as soon as possible) but always good to know legal stuff.

Also i have read on some forums here that her existing Visa may become invalid. I would like to know as her overstay was because she was waiting for an answer to her extension application will this cause her existing visa to become invalid and will she have to get a new one next time she wants to come from India or her existing visa is valid and we need to save the extension receipt and denial notice as proof for reasons of overstay.

navdeep.mahajan
07-08-2009, 09:26 PM
Thanks a lot for the info, it really helps

h1b_visaholder
07-21-2009, 01:15 PM
One goes out of status immediately after rejection, infact from the end date on the I94.
I would suggest getting back home as soon as possible if they would like to visit US in the future without any trouble.