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I have B1/B2 visa. When I visited the US last time, I applied for an extension of stay. I received the Receipt Notice, but I returned to my home country before the case is approved.

It has been about two month, and I need to go to U.S. for business travel. When i checked my previouse I-539 extension of stay application, it was still pending.

Can I visit U.S. again?

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    Is your visa still valid? – Doc Oct 18 '18 at 2:40
  • You can return. However be aware you’re likely to be grilled at the port of entry about the extension. If it is deemed frivolous it is very possible and likely your visa will be voided and you will be denied entry and returned to your country. You must have very good reason for requesting that extension. We are in different times. Be very well prepared – user 56513 Oct 18 '18 at 9:47
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The Extension of Status application was automatically abandoned and moot when you left the US. ("Status" only exists when you are in the US, for a particular stay, and once you left the US, there was no "status" to "extend" anymore.) To enter the US again, you will be entering anew on the basis of your visa, and you will be granted a new status and period of stay based on your visa, and it is unrelated to your previous stay.

If you had departed after your previous status expired, you should bring your I-539 receipt to show that you were legally staying for that period of time because you had a pending application.

  • Not as simple as that. If the previous application was deemed frivolous, he/she could be in trouble. – user 56513 Oct 18 '18 at 9:39

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