Hi all e2 expired in April 2024 extension was submitted in the USA before e2 was due to expire we have so far had 3 returned applications since April for either wrong fee new form issued and again this month was returned incorrect fee again yes we are using an attorney also 🤦🏼‍♀️ the application has been submitted aging this week. We obviously have no case number as application has not been accepted or in process yet. My question is can I leave USA and return ? Our i94 are valid till March 2026 are we technically out of e2 status will we be denied entry when we return to USA ? We also have b1b2 visas in our passports valid till 2028 but returning on that will only allow 6 months stay. Thanks in advance

Why do you say you are "out of e2 status" if your I-94 is not expired? What exactly expired in April 2024?

As an aside, sack that attorney and see if you can get some money back! The fee increase from 1st April had been publicised for months in advance, if they messed up something so basic I'd question what else they'll get wrong.

yes we have had several conversations and lots of frustrations regarding the application not being accepted after 7 months. Do you have any answers for my other ? Can I leave and return or will I be denied am I technically out of status ?
thanks for reply

hi my e2 visa expired In April this year but we submitted extension in Feb 2023 but the application has not even been excepted yet as been returned 3 times now.

and my i94 re set as we went to Mexico for spring break so on return to USA i94 was re issued for 2 years

But US visas are solely for entry, and have no relevance to your stay inside the US. It is perfectly normal to be in status for years after your visa expires, so I don't see why you think you are out of status.

Plus, you cannot "extend" a US visa -- you can only apply for a new visa, and you can (with rare exceptions not applicable here) only do that at a US consulate outside the US, so you couldn't have applied for a new visa while in the US.

What you might have done is have your employer file I-129 for your E2 Extension of Stay, but there's no reason to do that if your E2 status is years away from expiring, unless there are "substantive changes" in the terms of your treaty employment.

correct applied for extension of e2 visa 129 my husband is the business owner and applied for extension on form i539 and yes we are present in the USA but our actual e2 visa expired in April hence why we applied for an extension?

but attorney advised we should not leave USA until the extension has been authorized he said leaving while application is being submitted and reviewed will mean when we return our new i94 will only be for 6 months on our b1 b2 visa which means if we still have not got 129 extension approved we will have to leave ?

But you don't need a visa to stay in the US. The visa's expiration date just means the last day you can use it to enter the US. It's your I-94 and regulations of E2 status that determine your status inside the US, and your I-94 is not even close to expiring, so why would you need to extend your stay now?

correct I understand what your saying but the i94 was re set for 2 years as I left and returned when e2 visa was still valid now it’s not so attorney I’d say as of now if I leave and return the i94 is re set and it will not give me 2 years it will only give length of visa I’m excepted back in the us on which will be b1 as my e2 129 extension has not been authorized yet is he correct ? He basically saying why risk loosing the 194 which is bald till 2026 and get issued a new 194 for only 6 months when return.

Whenever you enter on E2, you are admitted for 2 years (unless your passport expires sooner), regardless of how much visa validity you have left. Even if you enter on the day that your visa expires, you will be admitted for 2 years on your I-94.

That doesn't make any sense. If you don't have a valid visa, then there is no "length of visa". If you leave now, you can't enter the US on E2 at all because you don't have a valid E2 visa. You would need to go to a US consulate to apply for an E2 visa, before you can re-enter the US. This is true regardless of whether you get an Extension of Stay (via I-129 and I-539) approved. Your stay ends when you leave the US. So no matter what, you would need to apply for an E2 visa at a US consulate before you can enter the US into E2 status again. (the only exception being trips of less than 30 days to Canada or Mexico in which case you can enter on Automatic Revalidation even with an expired visa)

No that is not correct. An Extension of Stay for this stay has no bearing on your entry for your next stay. If you have a valid E2 visa, you can enter and be admitted for 2 years. Whether you got your stay extended on your previous stay is irrelevant. If you do not have an E2 visa, you cannot enter on E2. Whether you got your stay extended on your previous stay is irrelevant.

Again, this makes no sense. You will "lose the I-94" when you leave the US no matter what, because an I-94 is for a particular stay only. When you re-enter, with a valid E2 visa, you will be admitted with a new I-94 for 2 years, not 6 months.

Correct so this is my question my E2 visa is expired already April 2024 attorney told us do not leave USA till your extension is confirmed which it is not so if I leave I loose my 194 which is valid to 2026 ? And I will not get a 2 year stamp i94 on my passport as I don’t have a valid e2 visa is this info correct I have Uk trip planned for Xmas but this extension we have applied for is still not accepted or even in review yet.

im starting to think we should have just gone back to the uk and did a e2 renewal not an extension here in the USA it’s been nothing but stress can we leave can’t we leave will we be denied will extention be denied. What can we do on an extension if accepted can we travel freely as we did on valid e2 visa for the past 5 years ?

Right but everything you said above is exactly the same no matter if you applied for or didn't apply for Extension of Stay. So it makes no sense that you applied for an Extension of Stay. Even after your Extension of Stay is approved, everything you said above will still be the same (if you leave the US you will lose your I-94 and you will not be able to enter the US unless you get an E2 visa at a US consulate).