Question about I-539 processing time

Question

My friend applied for his B1 extension two months ago. In his petition letter, he asked for an extension until mid Aug. Now the process time of USCIS Vermont Center is only Oct 2007, so I think he will get the decision after mid Aug, even until Sep or Oct.

We are wondering about following questions:

1) When USCIS look at his application, and the date he asks for has already passed, will they reject his application? (If his materials are OK)

2) Or they will not reject his application, they will give him a new date on his I-94, but the date has also passed, so my friend should leave as well?

We are waiting and we need your advice. Thanks.

Answer 1

This is a common thing with B1 extensions.. immigration is so backed up they usually don't get to you application for several months, by which time the date you asked for has passed.  As long as he has a valid receipt showing that immigration received his application before his original I 94 ran out he can stay until Immigration reached a decision, even if the take another 3-4 months. Once they get to his application and realize how far out they are they should approve the petition (there is little point in denying it at that stage) and you usually get 30 days from the date of the notice to leave.  The problem comes if your friend wants to leave before immigration sends back their decision and his I 94 card with the new date. If he leaves before that he won't have an I 94 card to turn in, and whilst that is not a problem leaving the country he could have some problems if he comes back to the USA.  I have know a couple of people go through that, just keep all the paperwork and bring it on his return trip and explain he couldn't wait until the response came back.....