Immigration Issues/I-539 issues


QUESTION: i already apply for i-539 before my expired date at June 2008 (my original i-94 has been submit to USCIS and get the receipt for applying i-539 with the code.),and the case is still pending until now. only i know the form i-94 is use when we arrive and depart from usa, now my situation is i wanna come back to my country because i have something important to do, my question is, 1. can i go back to my home country without my original i-94? (anykind of document shall i bring for replace i-94), 2. am i still legal when someday i go back to USA again? (follow the answer from question 1). thnks

ANSWER: Jimmy,
I do not know the I-539 details that you have applied for so I cannot answer your questions fully.  Generally, you are always allowed to leave the country and you can reenter if you have a valid visa and have not overstayed your status in the US on past visits.
Good Luck
Mark Ashley

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

QUESTION: Thanks for your answer. I-539 that i apply is for extension my stay in the us, right now i'm hold b1/b2 visa. my another question, 1.if i'm waiting till the date that i requsted on the form I-539 for extension stay, i,m i still legal?, 2. is it a must for me to wait until my pending case come out even the decision for my case is come out after my request for my extension date?. 3 is there any problem if i leave without my i-94 ?. thnks.

1.  If you leave the country while your extension is pending it would be considered an abondonment of your extension application.  

2.  You are allowed to stay in the US until your extension is decided.  If it is denied, you would be considered to be out of status from the date your visa originally expired.  Any stay out of status in the US could harm future visa applications to the US.

3.  No.

Good Luck
Mark Ashley  

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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