Immigration: B2 based visitor visa related questions

Question: Is it safe to wait for a B2 visa extension beyond the I-94 expiry date.

Attorneys recommend making the necessary arrangements and leaving the country before the I-94 expiry if your extension approval has not arrived before the I-94 expiry. You can continue to stay only if your extension is been approved before the I-94 expiry. If you decide to wait for your extension beyond the I-94 expiry, and if your extension gets denied, your stay will be considered illegal from the I-94 expiry date, the moment the decision is made to deny extension. You will be subject to INA222(g) visa overstays, which will automatically result in your multi-entry visa being approved for many more years in the future, also getting void. You will have no other way but to reapply for the visa all over again as well. There are posts in SOS Global Facebook groups where such reapplication of visas is also getting denied.

Here is the rule mentioned https://fam.state.gov/fam/09FAM/09FAM030201.html 
Search for 9 FAM 302.1-9  (U) APPLICANTS SUBJECT TO INA 222(G) in the link provided above.
It says INA 222(g) renders void the visas of nonimmigrants who remain in the United States "beyond the period of stay authorized by the Secretary of Homeland Security.” 

Also see, 9 FAM 302.1-9(B)(6)  (U) Summary of INA 222(g) Scenarios, in the link provided above,
They have clearly provided all the scenarios that will be subject to and the ones that will be not subject to.

Unfortunately, Applicant admitted until specified date; applies in timely fashion for extension or change of status, remains in U.S. after date on I-94 and application is denied is Subject to INA 222(g)
So their previously approved multi-entry visa, which was approved for many more years in the future (for 10 years from the date of approval) will now stand void.

So, if the application for extension is denied after the previously approved stay based on I-94 has expired (even if the extension application was filed on time), the applicant will be considered “out of status” as of the date the original period of stay expired as indicated on the I-94 record. The applicant should depart the United States immediately so as to avoid accumulating excessive unlawful stay and/or presence. Also, any nonimmigrant visa [B-1 visa] in the passport granted in connection with the classification becomes void. Once the visa is void, a new visa application must be submitted at a U.S. consulate in the home country.

Question: B2 visitors applied for visa extension in timely manner, had biometric completed  (or biometric is still pending)  waiting for the approval. I-94 expiry date is approaching. Can I remain in US beyond expiry date until I receive the final decision.

The recommendation is to make travel arrangements before I-94 expiry and wait for the final response. If the final decision is approved, then postpone your travel. But if the extension is not approved before the I-94 expiry date, then leave the country unless the extension was for medical emergencies or emergencies that makes it not possible or difficult to leave the country. See the answer for my next question on the reasoning for this recommendations. 

Question: B2 visitors applied for visa extension in timely manner and stayed beyond the I-94 expiry date, but left before the final decision was received. As per the final decision, the extension was rejected.

Rejected extension can automatically result in visa revocation if 

1) it’s subject to INA 222 G

2) the officer reviewing extension decides to revoke visa even if it’s not subject to INA 222 G

In this case it’s not subject to INA 222 G. So, this will not result in automatic visa revocation.

Though there were exceptions during Covid times (2020-early 2021), visitors who overstayed after I-94 expiry inspite of applying extension in timely manner and leaving US before extension rejection had their visa revoked by the extension reviewing officer or the CBP officer at port of entry during their next arrival. It all depends on the officer.

Question: Is it safe to stay until the I-94 expiry date as my B2 visa expires before the I-94 expiry date.

The visa is only for your entry and the date of your visa expiry doesn't have an impact on your departure. The departure date is defined by the I-94 date that is authorized by Homeland Security. You can stay until the I-94 expiry. However, you will not be able to apply for an extension as the visa is expired.  Also traveling back via European countries requires a valid US visa for transit unless you have a separate European Schengen/Transit visa to transit from these countries.

Question: when can I apply for B2 visa extension beyond the I-94 expiry date.

The recommendation is 45 days before I-94 expiry date but can be applied anytime before I-94 expiry date if you have valid reasons like medical emergency etc

 Call CBP number 1-877-227-5511  with passport and visa info to confirm the status of visa.

You can also check DS-160 confirmation 

You need to enter ds160 number https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV

last updated date will be changed when your visa is revoked and status will be empty or revoked.

Note: This is for those who applied their visa after certain year(please confirm the year online)

You can also email ustraveldocs.com with visa & passport info for them to answer my query.