Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can I stay in the US waiting for a decision on I539 even…

Customer Question
Can I stay in...

Can I stay in the US waiting for a decision on I539 even after my i 94 expiry?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes, I have received an acknowledgment from them saying they are processing

Lawyer's Assistant: Have you talked to a lawyer yet?

No, nope.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's pretty much it.

Submitted: 7 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 minutes by:
12/6/2017
Immigration Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,582
Experience: Private practice in several areas, including immigration
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Yes. While your I-539 is pending, the I-797 receipt serves as your unofficial proof of status. If your application is denied, you would have to leave. If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Immigration Law Question
Customer reply replied 7 months ago
Thanks. The biggest ambiguity here is the period between expiry of I-94 and the decision from UCSIS.
Immigration Lawyer: Ely, Counselor at Law replied 7 months ago

Right. At that time, you are technically in status, but I would not travel anywhere outside USA, because if you do, your I-539 would be cancelled. Simply stay put and wait for an answer.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,582
103,582 Satisfied Customers
Experience: Private practice in several areas, including immigration

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,582 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

50,990 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I filed for my mother's visitor visa extension (i539) on
I filed for my mother's visitor visa extension (i539) on 04/16 I got receipt on time but still decision is not made her i94 is expiring on 07/17 … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My H1 transfer is in process and pending with USCIS. My I94
My H1 transfer is in process and pending with USCIS. … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Helllo... We have a question on i 539 for L2 extension, My
Helllo... We have a question on i 539 for L2 extension … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
How can my spouse stay with I539 application with USCIS? Not
How long can my spouse stay with I539 application with USCIS? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
H4 extension applied applied after I94 expiry (after 3 weeks
H4 extension applied applied after I94 expiry (after 3 weeks and waiting for the receipt number) . I94 expired (on 14th Sep 2016) for the H4 candidate and Visa stamping on passport also expired. BUt H… read more
Expert James
Expert James
Doctoral Degree
12,274 satisfied customers
I am applying f1 visa while I am currently holding b2 visa
Hi I am applying f1 visa while I am currently holding b2 visa and I am in the state … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question regarding I94 expiry of minor dependent
Hello Sir I have a question regarding I94 expiry of minor dependent (H4 VISA) candidate. When my son (8 yrs old) last arrived in USA fron INDIA in Jan 2015, his passport was valid but it was about to … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I need an answer to my question. My parents are visiting me
Hi. I need an answer to my question. My parents are visiting me on their B2 visa from India and their 6 month stay is about to come to and end, but 1.5 months ago, we applied for their extension throu… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
We have applied -539 grand father and it is in process and s
we have applied for 1-539 for my grand father and it is in process and his i-94 expires 9/16/15. if he stays waiting for a decision and is denied extension, will this affect his ability to enter US on… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have filed I-539 for extension of B1 status for 2 months
I have filed I-539 for extension of B1 status for 2 months on april 21 2014, my I-94 is valid till April 30 2014, I have also got admission at a college and expect my I 20 around May 5th, my questions… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hi. My mother/father in-laws are in USA on their B1/B2 visas
Hi. My mother/father in-laws are in USA on their B1/B2 visas which are valid till 2020 (multiple entry) for both of them. Both are Indian Citizens. Their I-94 expires on March 14th 2014. They got 3 mo… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
my i-94 date expired on 06/24/2013. H1B- Extension is in process
my i-94 date expired on 06/24/2013. H1B- Extension is in process been in initial review from June07 till date. I received my receipt number saying i can be in USA for 240 days from the date of expiry … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I applied for an I539 application to extend nonimmigrant status.
I applied for an I539 application to extend nonimmigrant status. We have not heard a decision from USCIS yet, and our I-94 expires in 2 weeks. What should we do. 1) Can we stay even though our I-94 ex… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am working in L1B and my I-94 and VISA is getting expired
I am working in L1B and my I-94 and VISA is getting expired on 16-Aug-2011. My company is filing the L1-B Extensin sometime in the second week May-2011. As company files L1-B extension through normal … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Due to an inadvertent error by my companys attorney,my L1
Due to an inadvertent error by my company's attorney,my L1 extension petition was filed before my I-94 expired but it was sent to the wrong service center.The package was returned by USCIS with instru… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Hi, My I129 (H1b) extension application was filed on 4th
Hi, My I129 (H1b) extension application was filed on 4th may 09, on 13th july 09 got RFE , which was replied and now still waiting for decision .This is my first extension and I have my I140 approved.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Hi. I was employed on a approved I129 petition for 2 years.
Hi. I was employed on a approved I129 petition for 2 years. Two weeks ago, I was laid off and my employer sent a letter to the USCIS regarding my termination. A day before my employer sent this letter… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My situation right now is, my visa expired as of 9/30/08, but
My situation right now is, my visa expired as of 9/30/08, but my company filed for an extension with receipt notice date of 6/6/08. My I-94 is also dated up to 9/30/08 (expiry). USCIS online status - … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x