Leaving US without I-94 (I539 pending)

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Just saw a related topic in Sajha. I am hoping some knowledgeable might be able to address my questions. My mother is in US as a B2-visa visitor. The valid date stamped on her I-94 expired about a month ago. I had filed an I539 application to extend her stay by about six months. I filed it about 2-months prior to the expiry date. I have received the "receipt notice" from USCIS for the I539 application. The case status as indicated in the USCIS website say "received and pending". The priority dates for such cases in Vermont Service Center indicates they are processing applications that were filed about 4/5 months ago. Now my mother wants to go back early - without waiting for the I539 approval/denial. 1) Technically has she overstayed? 2) Her original I-94 is with USCIS. What does she show/give at the Airport while returning? 3) Will this affect her visits to US in future? Thanks In Advance, I539 Question

i539question

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bump

santoshgiri

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Technically, she is not out of status as she has a pending application with USCIS. As for the I-94 issue, thats a bit tricky situation. She should be able to leave US without any problem though. However, she will have to notify the airport about the receipt notice and whereabouts of pending I-539. Leaving US while an application is pending results in automatic withdrawal of the application. However, you may wish to file a separate withdrawal application on I-539 too. Please maintain a copy of I-94 and receipt notice at all travel times.

i539question

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Thanks Santosh, You are a lifesaver.

Machhapuchhre

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My mother had similar experience. While checking in the airport, airline person will fill up I-94 (copy) based on the copy of your mother old I-94. My mother's I-94 approval came 4 months after she left the country. You can keep approval for future reference if needed?

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