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Nepa123
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Posted on 06-20-21 10:55
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We filed for extension of my grandparent's B1 B2 in April of 2020 as flights to Nepal were cancelled due to COVID. USCIS had not responded for a long time, then suddenly this month they asked us to come to finger print. We had filed for extension until end of October 2020. However, we could not send my grandparents to Nepal in October 2020 also because of the ongoing covid; and we had not heard from USICS. We could not re-extend the B1 B2 to beyond October as our application for previous extension was still pending. So our question is 1. What are the right steps to take in case USCIS extends the B1-B2 for my grandparents to only October 2020 ? 2. What can we do to make sure that B1 B2 extension goes beyond at least few more month, as COVID pandemic is slowing down in USA and to some extent in Nepal, we are getting ready to leave usa. Thank you in advance for your helpful suggestions.
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Titepati_Wormwood
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Posted on 06-21-21 3:20
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1. First give the fingerprint as given date of USCIS 2. Then again apply for a second extension before the date you requested for October. That's it
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Nepa123
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Posted on 06-21-21 4:23
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I wish the case was that simple. We tool my grand parents for their fingerprint. We had applied for extension in March of 2020 and if USCIS were to allow extension, that would be until October 2020. However, it is already June 2021. So our concern is even if they give us extension until October 2020, my grandparents would be out of status for more than 6 month; unless the give us extension beyond current date. when we spoke with USCIS, they said we could not file for another extension when one is already pending.
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chicagoan
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Posted on 06-21-21 5:21
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While the case is pending they are not at fault. Technically they are still in status.The unfortunate situation is, as soon as the approval comes through, they will be 9 months past the extension end date. I would think they would have 14 days to leave the country and maybe you may want to apply for another extension within that window. Or leave for Nepal and come back again if that is an option.
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Nepa123
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Posted on 06-22-21 1:52
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14 days seems too little time to pack and go to Nepal esp during the covid and flood crisis; how can we be sure that it is only 14 days, is there a way to confirm this info, any reference please ? Is the 14 days after we get the official mail or is it counted on the day the letter is mailed or seen in USCIS case status app? Thank you (chicagoan) for the helpful info.
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chicagoan
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Posted on 06-22-21 7:21
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Sorry it might be 30 days. This period is if the extension was denied but in your case even if extension is approved, you will be already 9 months in arrears. So I guess will depend what uscis wants to do. Maybe better call them once you get the approval letter? That way they they can advise you what options you might have on this extraordinary situation.
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Nepa123
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Posted on 06-22-21 11:56
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Thanks Chicagoan, We tried to call USCIS at 800 375 5283, however very difficult to get hold of a real person, is there is direct number or hot line or any other simple way to connect with the USCIS agent?. Is there anything we could say or do that will them make an exception for the potential overstay that is caused by the pandemic / covid crisis in Nepal that has prevented the return to Nepal. As we are working in good faith to return asap and however Nepal is in lockdown and it is not safe to go. We are in the process of returning as soon as it is safe go do so. The Centers for Disease Control and Prevention (CDC) has issued a Level 4 Travel Health Notice for Nepal due to COVID-19, indicating a very high level of COVID-19 in the country. US has been sending Direct Relief-chartered aircraft loaded with oxygen concentrators and Covid-19-specific medical supplies to Nepal as it confronts the world’s highest per-capita Covid-19 case burden. Hospitals across Nepal are nearing ICU and ventilator capacity and struggling with severe shortages of oxygen and other medical resources. We had called the USCIS center and spoken with the representative when applying for extension of visa beyond October 2020. The agent had said that since USCIS action was still pending, it is not possible to file for another extension before the first extension is approved. Since the approval of extension is taking a long time and could result in potential overstay even though our intention has always been to follow the rules and regulation of US Immigration. What is the right way to handle this?
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chicagoan
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Posted on 06-22-21 3:25
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Hi Nepal123, Beyond this point it is best to contact a Nepali lawyer. Your question is very pertinent and most likely they can answer in a few minutes and hopefully pro bono. There likely are other people in a similar situation. Good luck.
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