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  #1  
Old 11-29-2010, 06:40 PM
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Default Peculiar Visitors Visa Issue

My IN laws had a return ticket on 19 November and valid visa till December 1

Had applied for my in Laws Extension on 15 November for extension till march 19 2011 with my father in law as main applicant and mother in law as a dependent on supplement form along with 2 cheques for 300$

Due to business emergency, my father in left USA on november 19 as planned earlier

Today we got receipt notice with both my in-laws names as applicants, have received other letter with rejected notice telling "that form was submitted with extra remittance that is not required to process your application,Your cheque isbeing returned to you with this notice.No additional action by you is required at this time"


1) So made a mistake by sending 2 cheques and USCIS rjected one of the cheque as a duplicate, and it does not affect the application.

2) As primary applicant has left country, is the application still Valid?



Can experts/gurus please give me your suggestions for my next plan of action.
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  #2  
Old 12-06-2010, 10:43 AM
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Default Update

Have taken a InfoPass appointment and Immigration officer told us even though primary applicant has left the country, still my Mother In law's status is valid.

So Eagerly waiting for the Extension approval notice.
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  #3  
Old 12-06-2010, 02:04 PM
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Default Not Sure

I remember reading that for Visitor visa's if you do not get an extension by the I94 expiry date betterto leave the country as you might end up being overstayed.

Last edited by reddymjm; 12-06-2010 at 06:17 PM.
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  #4  
Old 12-06-2010, 03:37 PM
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Default

Quote:
Originally Posted by reddymjm View Post
I remember reading that for Visitor visa's if you do not get an extension by the I94 expiry date you have to leave the country. I could be wrong.
As per USCIS rules and my understanding, a non-immigrant will be deemed out for stay beyond the i-94 date and in case of filing extension they can chose to stay as long as application for extension is pending. If the application is denied the applicant will be deemed out of stay from the date on i-94. Plz check with an attorney or Immigration officer
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  #5  
Old 12-06-2010, 04:15 PM
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Default

I believe your Mother or Mother-in-law is out of status now. Over staying in Country and chances of problem when coming back again.

As per my best knowledge i got from people who applied for stay extension for parents, You should apply 2 months in advance and you can stay as long as you have receipt.

And if you get extension fine, Otherwise have to leave country Immediately, so you won't have issues next time.

Check with any Immigration Attroneys and keep posted.
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  #6  
Old 12-13-2010, 01:11 PM
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Default In Status till the application is pending

As per USCIS Fairfax office ,USCIS officer, the applicant status is valid till the application is under process.
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  #7  
Old 12-13-2010, 04:15 PM
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Default

As far as I know, if you have an application pending, you can continue to stay for 180 days or if you receive the USCIS response whichever is earlier.

But then, I am not a lawyer.
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  #8  
Old 03-26-2011, 06:22 PM
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Default

Hi vegasbaby, the question is what if the application is denied by USCIS ? Will the applicant be deemed t be out of status from the expiry of I-94 ? And will that affect applicant's future chances of re-entry to US next time?
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  #9  
Old 03-26-2011, 09:04 PM
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Default

Check out this thread for our experience on visitor's visa extension denial.

http://immigrationvoice.org/forum/fo...tml#post599661

Quote:
Originally Posted by shar533 View Post
Hi vegasbaby, the question is what if the application is denied by USCIS ? Will the applicant be deemed t be out of status from the expiry of I-94 ? And will that affect applicant's future chances of re-entry to US next time?
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  #10  
Old 03-27-2011, 12:24 AM
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Default

gcpadma, thanks for that valuable thread. Can you give your valuable opinion on my situation?
I am on H1 visa which is expiring in a month. I know I cant extend it for some reason. However I need just another 2-3 months until my canadian immigration is decided. Can I apply for Change of Status from H1 to B2 ( visitor) and seek extension for few months , with reason that I need some time to wind up ? Also, if my Adjustment of Status and EOS doesnt get approved, meaning I shall be out of status for few months , shall there be any problem in seeking B2 visa from Canada in future, after I get Canadian Immigration ?
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