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Immigration Issues/do we need extension of stay pending I 130


My self and my wife came to usa on 25 March 08 on B2.Our I 94 permit us to stay till 24 Sep 08. My daughter who is US citizen filed I 130 for us on 7 April 08.Do we have to apply for an extension of stay for staying beyond 24 Sep 08?

Shri Prakash,

It is your choice to either file for an extension or not. But if you do you need to convince the USCIS that you intend to leave the US and reenter on a immigrant visa through the consular process. Generally, it is not advisable to file for the B-2 in these situations.

You have not mentioned this, but if your daughter has also filed the I-485 concurrently then you do not need to file for an extension.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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