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When can I apply to extend my I-797 receipt?

I filed my I-829 application and received the I-797 receipt, which will expire July 28, 2019. What is the earliest possible time for me to make an InfoPass to extend my legal status? I would like to travel abroad this summer and will not be back until July.

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Most things like this should be done within 90 days of expiration.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, within 30 days of expiration.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Since you will be traveling in the summer and not be around for an appointment with USCIS 30 days prior to the expiration of your I-797, you could try to make an InfoPass appointment now and obtain I-551 stamp to extend your status as early as they will allow it. The key here is to make sure that you do extend your conditional resident status due to your pending I-829 application.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Normally between 90 to 120 days before the expiration.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is advisable you should seek an extension at least between 60 and 90 days before the expiration date. Also, with your current document not expiring until July 28, 2019, you should be okay and you can travel and return into the U.S. without any problem.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Since getting an InfoPass appointment can take time, you can start trying to get an appointment date one to two months prior to expiration to get an extension stamp in your passport at the USCIS district office near you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Usually they like to do these no sooner than 30 days prior to expiration, but if you show travel plans they may do sooner discretionary.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Assuming you received an 18-month extension receipt, you may call USCIS customer service when your receipt (or existing extension stamp) is within 30 days of expiration. Otherwise, the customer service is reluctant to schedule InfoPass appointments unless there is an emergency.

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    Charles Foster

    Immigration Attorney
    Answered on

    I would make your InfoPass to extend your evidence of your legal status at least within six months of the expiration date.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you got the 12-month receipt, and it's about to expire, ask for the 18-month receipt. Generally, you can get a travel stamp one month before expiration, but you need an InfoPass appointment, which is now hard to get in some areas.

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    Ying Lu

    Immigration Attorney
    Answered on

    You can go to your local USCIS before you leave. The officer there will give you an I-551 stamp on your passport, which usually will be valid for a year.

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