I-539

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boscanuckJunior Member
Topic author
Posts: 16
Joined: 1 May 2008

I-539

Post Tue Feb 03, 2009 11:54 am

hi everyone, does anyone know if I can try to extend my stay (B2) using an I-539? And if so, is there a cutoff date/number of days before my B2 expires that I have to file the I-539 by? Thank you.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: I-539

Post Tue Feb 03, 2009 11:21 pm

45 days, it's in the instructions.

Renewing B-1/2 visitor status is a bit of a dicey one from inside the US, there are various provisions that allow visitors to renew which are listed in the instructions, i.e. domestic servants, airline staff, missionaries, etc. There are also a few not listed in the instructions, the main ones being a person receiving life-saving medical treatment and the co-habiting partner of a non-immigrant in some other status.

It is theoretically possible to renew it if you're a tourist, but I'm not sure you can if you're a Canadian. If you're from say, India and have got some convincing reason why you want to stay a bit longer they might do it because India is so far away but the same logic doesn't apply to a Canadian. If you do get a renewal they'll only do it once, whereas domestic servants and so on can do it indefinitely while they meet the definition.

http://www.uscis.gov/files/form/i-539instr.pdf
Steve.
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boscanuckJunior Member
Topic author
Posts: 16
Joined: 1 May 2008

Re: I-539

Post Wed Feb 04, 2009 9:23 am

thanks Steven, I saw that, 45 days, seems like a suggested time line. I wonder though, after the I-539 is filed, do I get a file number or tracking number? - for when my I-94 time comes and goes I can say I have a pending I-539 in order to stay legal. My reason for wanting an extension is that I was on a TN, laid off, switched to B2, now I have to finalize business here, most importantly trying to sublet a leased apartment (which hasn't been easy), probably not a strong enough argument for an extension?
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: I-539

Post Wed Feb 04, 2009 11:29 am

I wouldn't have thought so but on the other hand you could just leave and re-enter. Because it's a new calendar year they might let you stay the remaining five months, depends on their opinion of your brief departure I suppose, but you can always ask them to issue you an I-94 and time limit it to five months.
Steve.
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