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I am in the US on a B2 visa and my stay expires on August 30. I have filed an I-539 (extension of stay) and the status is pending. Will I be able to travel from the US to Canada after August 30 and enter back to the US with the pending I539 document?

  • Has your B2 visa expired? If not, you may be able to use it to re-enter. – krubo Jul 4 '18 at 20:36
  • Thanks krubo! No, my B2 visa doesn't expire until 2020. But to mc01's point below.. seems like the extension of I539 will be considered abandoned once I leave US. – Dipesh Karki Jul 5 '18 at 2:58
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    Going to Canada is a fairly common way of avoiding the fee for filing the I-539. The problem is that it's riskier: if the I-539 is refused, you can gather your belongings and leave the US in an orderly manner. If returning from Canada is refused, you are on the other side of the border from your stuff, so you have a fairly significant logistical problem. Going to Canada after filing the I-539 has all of the risk and none of the benefit. – phoog Jul 5 '18 at 5:52
  • @DipeshKarki - apparently people cannot be bothered to read what I actually wrote so I've deleted my response. Don't overstay your I-94 if you can avoid it. Take a trip & see if they'll give you a new one. There's no way of knowing for sure what'll happen because admission & length of stay are at the discretion of the immigration official at the time. Good luck – mc01 Jul 5 '18 at 16:13
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USCIS Nonimmigrant Services (page 6)

What if I file on time for an extension, but I leave the U.S. before USCIS makes a decision on my application?

If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit.

  • You may want to add some language to this answer since it involves extension of status. Now if the extension of status is denied, the immigrant is immediately put in removal proceedings. cbsnews.com/news/… . Started two weeks ago. I would actually recommend nobody on visitors visa apply to extend status unless it is a dire medical condition. When your period of stay is up just leave. Getting put in removal proceedings seriously jeopardizes your ability to ever visit again. – user 56513 Aug 2 '18 at 15:46

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