Zitat:
Zitat von Opticus
... beide Links beziehen sich sowohl auf das Visum (E) als auch auf das I-94 (D/S). Die Gruende welche fuer eine 'Late filing' dem USCIS dargelegt werden muessen sind bei bei einer Extension fuer das Visum (E) und fuer den D/S (Duration of stay, I-94) identisch.
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Can I get an extension of stay if my status already
expired?
If your status expired before you filed an application with USCIS to
extend your stay in the U.S. or if you have otherwise violated the
terms of your status, such as by working without authorization, then
you are out of status. If you have fallen out of status, except in
certain limited instances related to circumstances beyond your
control, we cannot extend your nonimmigrant stay. Staying longer
than the period of time for which you were granted admission may
also have a negative effect on your ability to get other benefits or
to return to the U.S. at a later time.
If you fall out of status, we
recommend you leave the U.S. as soon as possible to avoid, or at
least minimize, the possible impact on your ability to come back to
the U.S. at a later time.
When should I file and how long will it take to process my
application?
Our processing times can vary. You can check our website for our
current processing times.
We recommend you apply no later than
60 days prior to your I-94 expiring. You may also apply up to six
months before your I-94 expires to have your stay extended.
If I am eligible for an extension of stay and file on time,
will my stay be extended?
An extension of stay is not automatic. We will look at your situation,
your status, the reasons you want to extend your stay, and
will decide whether to grant your application; if we grant it, we will
also decide how long we will extend your stay. We will not grant an
extension where circumstances suggest an extension may be
inappropriate.
What if I file on time but USCIS doesn’t make a decision
before my I-94 expires?
If we receive your application before your status expires, and
if you have not violated the terms of your status, and you meet
the basic eligibility requirements, then you may continue your
previously approved activities in the U.S., including previously
authorized work, for a period of up to 240 days, or until we make
a decision on your application or until the reason for your requested
extension has been accomplished – whichever comes first.
Further, once your original nonimmigrant status expires, even though
you generally will be allowed to remain in the U.S. while your extension
of stay application is pending. You will not be deemed to be in
any nonimmigrant status until such time as we may approve your
extension of stay.
If your application for extension is denied after your previously
approved stay has already expired and while you are still in the
U.S., you will be considered to have been “out of status” as of the
date your period of stay expired, and will be required to cease
employment (if such employment was authorized) and depart from
the U.S. immediately upon denial of your application. In addition,
any nonimmigrant visa in your passport granted in connection with
such classification becomes void at the end of the period of authorized
stay. Once your visa is void, you will be required to submit any
new visa application at a U.S. consulate in your home country (not a
third country, except in rare instances as determined by the
State Department).
