Haliuna

Hi! My brother applied for an extension of his B-2 visa stay and got receipt notice
today saying that "it takes 320 to 350 days to process this type of case". Obviously
he's not going to wait that long, but when would he be considered to be out of
status? Thanks, Haliuna

John Zhang

I think he will be legal as long as he doesn't receive the rejection notice.
"Haliuna" <[email protected]> wrote in message
news:[email protected]...
    > Hi! My brother applied for an extension of his B-2 visa stay and got receipt notice
    > today saying that "it takes 320 to 350 days to process this type of case".
    > Obviously he's not going to wait that long, but when would he be considered to be
    > out of status? Thanks, Haliuna

Bhoot Nath

[email protected] (Haliuna) wrote in message
news:<[email protected]. com>...
    > Hi! My brother applied for an extension of his B-2 visa stay and got receipt notice
    > today saying that "it takes 320 to 350 days to process this type of case".
    > Obviously he's not going to wait that long, but when would he be considered to be
    > out of status? Thanks, Haliuna

Hi Haliuna,

Your brother will be in LEGAL status until

(a) The date he requested in the application, if processing time is LONGER
than the stay.

(b) If the application is processed soon, and approved, it is the period of approval.

(c) If application is processed fast, and is rejected, the notice will mention a date
by which he must leave.

Please let me know the following (I ahve also applied for an extension, and would
like to compare notes).

(d) Which service center did your brother apply?
(e) How long after sending the application did you get an acknowledgement?
(f) How long after sending the application did you receive the above notice? (It
will take X days to process the application...)

Thanks.

Bhoot Nath.

Haliuna

Thanks for your reply.
    >
    > (a) Which service center did your brother apply?

He applied to California Service Center, Laguna Niguel.

    > (b) How long after sending the application did you get an acknowledgement?
We sent by mail with return receipt on March 28th and got the receipt back on
April 12 or so.

    > (c) How long after sending the application did you receive the above notice? (It
    > will take X days to process the application...)

We received the above notice of receipt in about 3-4 days after the postal receipt.
Judging by the experience I had with my mom's similar application couple of years ago
it takes them for almost a year to approve this kind of request. I applied for an
extension of her stay on November 1999 requesting 4 months of extension. Her stay was
to expire the following January and she left on April without getting any responce
from them. Then at the end of October 2000 I received the notice of approval with the
new I-94 form extending her stay til past July or July 2000. That's when I fully
realized how beurocratic the system was. Hope it helps. Haliuna
    >
    > Bhoot Nath.