Can we stay in the U.S. based on a receipt notice for a B-1/B-2 extension? And if it is denied, would this cause any problems in the future?

Answer

Individuals who have timely filed requests to change or extend status generally can remain legally in the U.S. based on the pending COS or EOS. For a tourist EOS, if it is denied after the I-94 has expired, the individual will be out of status and unlawfully present. This will void the multiple entry visa. It would be necessary to reapply for the visa. You can read more about this in the MurthyDotCom NewsBrief, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (03.Jun.2013). Even if the extension is granted, it can cause questions at the POE during the next visit, as remaining in the U.S. for more than 6 months is a long visit, in most situations. (29.Dec.2014)

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