B2 - Second Extension for my mother beyond 1 year

Ref : B2 VISA extension : I-539 extend stay until 12-25-2021
Current status : Bio Metrics provided

My mother came to USA on 26 Dec 2020 Her initial I94 was valid till 26th June 2021.
Due to Corona, we have applied for initial B2 VISA Extension of stay I-539 requested until 26th Dec 2021.
We have provided bio-metrics during Sep 2021.
After that no update on the case. Her I-539, Application is still pending with USCIS.

We would like to evaluate and seek advice on the following options :

Option # 1 : Can we file another extension request further pushing the stay (2nd extension) - on medical grounds?even while waiting for the decision on the first one. If so, is it considered a lawful stay which is beyond 1 year ?

Query : Does 240 days rule apply here ?

Option # 2 : Is it suggestible to leave the country by requested extension date ?

Appreciate any response.
Thank you

I suggest to not file another extension and let her leave the US by current date in December.

Usually, the second extension has high chance of denial and i personally don’t recommend it unless you have a very strong medical reason to do so.


Thank you for the response Anil.

Will try to make arrangements for her return.
It seems there is no flight available until 30 Dec 2021, Where as 25 Dec 2021 is last date of initial extension of stay requested.

Will the difference of these 5 days becomes any bottle neck in current / future travel ?

Thank you.

They will have to explain it in all future visa applications even if they stay over 1 day extra.

Thank you Anil for the quick response.
Will try to adhere the suggestion.