By: Shah Peerally Esq.
Extension on the tourist visa in US. When is the right time to apply?

Caller: My parents have been here on a tourist visa for about six months, there I-94 is getting expired soon, so is there any way I can extend their stay for two weeks ?
A: Are you a US Citizen?
Caller: No, I’m not a US Citizen, I’m on H1b Visa.
A: Is the I-94 expired already?
Caller: It’s expiring on 2nd of January, actually pretty close.
A: Oh that means tomorrow, well you can file for extension right now online but I don’t know if it would be accepted, there is a big chance you won’t get kind of late for you to file, you should have filed at least 30 days before that expired. You can file it and during the meantime its pending there in a pending status. The problem is that if you file it now and it gets denied then it goes back to the date of Jan 2nd and they will be accruing unlawful presence. Moreover, if this gets denied, there is a chance that by law the multiple entrance visa might get cancelled also – there is a risk there. But you can go online and apply at USCIS.gov and you can apply online for extension of status, but it’s kind of really late why you waited so long?
Caller: We just made our decision couple days ago.
A:Try, but I cannot promise you, if this gets denied there is a chance the entire visa on their passport gets cancelled so that’s the risk you have to know about ok so just go online and file it really quickly but it has to filed today and get the receipt today.