Pending I-539 Extension

USA B1/B2 visa
1

Hello,

I have a two part question.

My mom arrived in the US on B2 visa in June 2025 and we applied for another 6-month extension of stay in August. Her current 1-94 expires on Dec 21st.

1> Can she continue to stay in the US while the case is pending and will that count towards overstay if the case is denied?

2> Since I-539 processing times are currently longer than usual, what happens if USCIS does not process the case before that extended 6-month preriod is also over which would be around June 2026?

I’d be grateful for some clarity. Thank you.

2
  1. One can stay in the US while application is pending
  2. If the application is not approved by June 2026, you can either leave US or file another extension.

My opinion is that we should not file B1/B2 extensions unless we have a very strong reason to do it. Please use your best judgement.