B2 Extension for Stay


Im planning to apply for Extension of Stay for my Mother in law. She travelled to US in Nov 18 2021 and have a return ticket Jan 18 2022.

As per her Visa expiration on her passport is March 1 2022.
As per the I-94, the expiration date is May 17th 2022.

We want her to stay until August 15th. So we are planning to apply for extension of stay.

When we look at this Uscis webpage: Extend Your Stay | USCIS

One of the Eligibility criteria to apply for extension is : Your nonimmigrant visa status remains valid

Does that mean, i94 expiry date or Visa Expiration on the passport?

If I apply for Extension and it got rejected after i94 expiration(May 17 2022). How much time does she have to leave US with out incurring Unlawful presence in US. SO that it will not affect her B2 Visa extension?

I-94 expiry, the one issued by CBP at POE.

Based on the law, B1/B2 will fall out of status immediately upon denial of extension. Generally speaking, visa renewals dont get impacted due to few days of overstay however one should try to avoid such unauthorized stay as far as possible.

Hi Kalpesh,

I have the same case , i am waiting for my mothers b2 visa extension approval and biometric is done. If they deny the extension, does out of stay starts at that particular time after receiving the USCIS decision? Or it will include the days we were waiting for their reply after i94 expiry? My mothers i94 expired in oct and we filed in the month of aug and still waiting fr the decision.

Unlawful stay starts the date of denial.

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Thanks Kalpesh!! but if we travel after taht date as suddenly we cant travel on the same day so, will it be a problem in future when comes back?

Is there any rule or any time given by USCIS to go back in case of denial? I am just worried as it shud not cause any issues when she comes back next time.

She can leave as soon as possible of extension is denied. Few days of delay in leaving may not cause any issue.