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Immigration Issues/fate of 10yr B2 visa upon exit while I 539 is still pending


QUESTION: I entered the US with a ten year Multiple entry B2 visa in July 2007.I was given an I 94 expiry date of Dec 26 2007.
However by novemberi came to know that  i had to extend my stay by another month  beyond the expiration date of my I 94 ie..i had situations due to which i had to stay in the US till jan 31 2008.
On Nov 27,2007 I applied for extension of stay till jan 31,2008.
I recieved a receipt number from USCIS.However ,even by jan 31st i didn't recieve either a denial or an approval of my extension request.
finally ,since i had work duties due to which i had to return back to my home country, I returned to my homecountry on Feb 3rd 2008.
Since, i had submitted my original I 94 along with my I 539 application , i was not able to submit my original I 94 at port of exit.
Even after a month of having returned to my homecountry my application is still pending.I then sent  my original boarding passes to ACS inc so that my exit is properly recorded with them.
I also sent a letter to USCIS asking them to withdraw my extension request since i am back in my homecountry and an extension application gets cancelled anyways upon exit from US
NOw my concern is ..
Will my exit be recorded properly since i was not able to submit my original I 94 on exit?
Will i have problems for reenty with my existing  ten year multiple entry B2 visa?
I anticipate a revisit to the US in nov 2008.what must i do ?

ANSWER: Carry with you, your passport with entry and exit stamps and a copy of the extension application, receipt and proof of when you left. Only offer it if they ask. You should not have a problem.



---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your very prompt reply. I was almost on the verge of scheduling a new appointment  for a B2 visa interview with the US embassy here in my homecountry because i didn't want to go through grilling at the port of entry.I thought it would rather be a safer option to reapply for a new visa and such and go through the grilling at an embassy rather than at the port of entry.Would reapplying  be a  wise option for my case?
Also, i would be very thankful if you could answer one more question one more question connected to this.
A J 1 or a H 1 might get processed for me in 2009.In such a case, what must i answer for the question "did you overstay or were you out of status " in the DS156 application.
If i get a short term J 1(3months observership) processed for me once in dec 2008, will it become difficult for a H1 to be processed for me subsequently in  March 2009 ? Note that the H1 would be processed only after i return back to my homecountry after my short term J1 is completed in the US.

Reapplying for the visa is not wise. They will wander why you are doing it and it does not prevent being grilled when you eventaully try to enter. Theoretically you should answer that you overstayed but put a statement with it stating it was only a couple of days and carry the proof with you. Short term J will not effect H1.



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Robert Hollander<B> Esq.</B>



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