filed i539, what to do next?
my i94 is only valid until July30, 2020. I filed a i539 last June 17, 2020.. I am planning to go back home on October 2nd. Question: Am I good to go back home without waiting for the approval of my i539? or do I need to wait for the approval and do the biometrics? will my tourist visa be voided if I did not do the biometrics? Can I still come back here in the US in the future without any problems?
Best Answer
Am I good to go back home without waiting for the approval of my i539? or do I need to wait for the approval and do the biometrics?
You are good go leave the US while your I-539 is pending. You do not need to wait for I-539 approval or biometrics. Your I-539 will be automatically abandoned.
will my tourist visa be voided if I did not do the biometrics?
Your visa will not be voided if you leave the US while your timely-filed, non-frivolous I-539 is pending (i.e. before a decision is made on it). See 9 FAM 302.1-9(B)(1)(c)(4)(b):
[...] In addition, if an alien departs after the date on the Form I-94 passes, but before his or her application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature. [...]
Can I still come back here in the US in the future without any problems?
As always, there is no guarantee that you will be able to enter the US on any particular trip.
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What happens after my I-539 is approved?
After approval Once the Form I-539 is approved, the applicant is in a position to extend stay or transition to the new status (from the start date indicated on the Form I-539). Until receiving the approval, the applicant cannot engage in any activities that require being in the new status.How long does USCIS take to respond to I-539?
I-539 petitions sent to the California Service Center take 1 \u2013 5 months to process, while petitions sent to the Nebraska Service Center take 6 \u2013 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.How long does it take for I-539 to be approved 2021?
From fiscal year 2017 to fiscal year 2021: Processing times for all I-539 applications to change or extend status rose from about 2.8 months to 9.8 months\u2014a 250% increase. Processing times for family-based adjustment of status (I-485) applications rose from 7.9 months to 13.2 months\u2014a 67% increase.Can I work in the US while my I-539 is being processed?
You can continue working for as long as the extension if timely filed.What To Do If You Leave The US While Your I-539 Extension of Stay Application is Still Pending
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