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Below are my details

Arrived to USA on Dec 14th 2021. I-94 is till June 15th 2022. Applied Online extension on May 13th 2022 Given Finger Prints on June 15th No Reply yet From USCIS

Now can I know if they leave USA on Dec 13th 2022, can they return in March and get regular 6 months stay? IF not is it better to apply for a second extension?

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  • Have you actually applied for an extension to your B2 or have you applied change of status? If the former on what grounds are you applying for a B2 extension? Do you have a lawyer helping you with the extension? What do they say? Commented Oct 21, 2022 at 16:10
  • Applied extension on B2 only, no status change. I do not have a Lawyer.
    – user131594
    Commented Oct 21, 2022 at 16:20
  • @DJClayworth why are you asking about change of status? Having entered in B-2 status and wanting to stay longer in B-2 status requires an extension.
    – phoog
    Commented Oct 21, 2022 at 22:34

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Your B1/B2 visa has an expiry date on it. That date is the last date on which you can enter the US. If you leave and return on or before that date then you may be readmitted. After that date the visa is invalid and cannot be used.

Immigration officials have the power to deny someone entry to the US even if they have a valid visa if they think they are intending to violate the terms of a visa. If you leave and quickly attempt to re-enter you are almost certain to be denied entry on the grounds that you are attempting to live in the US. It is up to the judgement of the official, but I would expect that if you have stayed for a year already then staying away for 3 months is not enough and you will be denied entry.

Note that if you are still legally in the US because an extension application is in process then you do not need to leave the US when your visa expires. Your visa expiry date is the last date on which you may enter the US. In fact I would expect that leaving the US would invalidate whatever extension application you have in process.

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  • A Canadian citizen recently asked a similar question, so if this is the same person (or another Canadian citizen for that matter) then there is no visa and therefore no visa expiration date.
    – phoog
    Commented Oct 21, 2022 at 22:35
  • He says he's a B2 visa holder. If he turns out to be Canadian I'll edit the answer. Commented Oct 21, 2022 at 22:41
  • Fair enough. I have since managed to find the other question (Extend B-2 second time) and the date of entry is different.
    – phoog
    Commented Oct 21, 2022 at 22:44

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