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My mother came to US on tourist visa in Jan 2020, applied for her extension of stay (form I-539) in June 2020, the application is still pending and her 1 year in US would complete in January 2021.

1). Can one stay in US until application is pending ?

2). Suppose USCIS approve the application in Feb 2021, till what date will they approve the extension January(end of 6 months of extension) or the day they approve the application) ?

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  1. Yes. But if she will stay past the date she requested for her first Extension of Stay, she should file a second Extension of Stay before the end date requested for her first Extension of Stay.
  2. I believe it will be at most until 6 months after her previous status expired (i.e. until January 2021 if her I-94 expired in July 2020).
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  • I don't doubt that this answer is correct, and I have upvoted it, but some sources would improve it.
    – phoog
    Dec 13 '20 at 22:14

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