Visa related
Est
How do we define the word MULTIPLE in a B1/B2 multiple entry visa (tourist)?
How often can one visit the US and how much gap is considered ideal between
any two visits? And for how long can one stay if the I-94 is stamped with a
six months entry?
TIA,
Best regards,
Est
Joe Feise (Immigration)
> Hi all,
>
> How do we define the word MULTIPLE in a B1/B2 multiple entry visa (tourist)?
> How often can one visit the US
Multiple times.
> and how much gap is considered ideal between
A visitor has to reside abroad, so a visitor should be more abroad than in the US.
> any two visits? And for how long can one stay if the I-94 is stamped with a
> six months entry?
The allowed stay in the US is determined by the I-94.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
J. J. Farrell
>
> How do we define the word MULTIPLE in a B1/B2 multiple entry visa (tourist)?
As with most things to do with USA immigration law, very loosely; at the
discretion of the Border Protection Officer (or ultimately of an
Immigration Judge). It has more or less it's usual English meaning, in
this case "zero or more".
> How often can one visit the US and how much gap is considered ideal between
> any two visits?
You can visit zero or more times. The key word is "visit"; under what
circumstances would you consider someone to be visiting your house as
opposed to living in your house? More or less the same considerations
apply here. I've never heard of anyone having problems who stayed out of
the USA for at least as long a time as they last spent in the USA before
applying to re-enter. Some people get away with re-entering sooner, many
don't (especially if they do it repeatedly).
> And for how long can one stay if the I-94 is stamped with a
> six months entry?
The I-94 is the document which entitles you to be in the USA. An I-94
issued to someone who entered as a B-1 or B-2 will have a date on it,
usually 6 months after the date of entry; they must leave the USA on or
before that date (unless they extend their stay while in the USA).
Est
"J. J. Farrell" <j...@bcs.org.uk> wrote in message
news:fvo2k9$2sv7$1...@energise.enta.net...
Thank you Joe and J J for clearing some cobwebs. Now another question
arises. Suppose at the POE- Port of Entry, upon asked by the immigration
officer how long the traveller wishes to be in the US he says anyone of the
following-- 2 weeks or 3 weeks or a month and his I-94 is stamped with a six
month entry. It means officially he can be in the US for 6 months. However,
what if he stays there for 3 or 4 months? As he has already told the officer
that he intends to be there for 2-3 weeks or a month.
Will there be any issue during his subsequent visit?
Best regards,
Est
Andy
its overstaying tats a problem
"Est" <e...@estest.com> wrote in message news:fvosql$2ka$1...@aioe.org...
Est
"Andy" <lema...@internode.on.net> wrote in message
news:_5WdnVaPBq6ks73VnZ2dnUVZ_rignZ2d@internode...
Hello Andy,
Yes, I understand overstaying is to be avoided. But overstay what? The
duration that one tells the immi officer or the stamped date on the I-94?
The latter is ruled out. However, my question is can one stay longer, more
than what we have told the immi officer? What happens on the next visit?
Because, a person may have departed from US within the stipulated date but
stayed longer...say a month, 2 or 4 months although he must have said 2 or 3
weeks to the immi officer.
Best regards,
Est
paradox3696 via ImmigrationKB.com
I-94:good for 6 months stay
What u told immigration officer at point of entry: 4 weeks
actual length of stay in USA: 3 months
I dont see any major issue at all. In fact, I doubt that the officer who
asked you the length of stay would put on the system for what your answer was.
If he did, then just present a credible reasonof why u stayed longer than u
needed to.
Simple as that
Est wrote:
>> If you leave early, it's not a big deal..
>> its overstaying tats a problem
>[quoted text clipped - 38 lines]
>>> Best regards,
>>> Est
>
>Hello Andy,
>
>Yes, I understand overstaying is to be avoided. But overstay what? The
>duration that one tells the immi officer or the stamped date on the I-94?
>The latter is ruled out. However, my question is can one stay longer, more
>than what we have told the immi officer? What happens on the next visit?
>Because, a person may have departed from US within the stipulated date but
>stayed longer...say a month, 2 or 4 months although he must have said 2 or 3
>weeks to the immi officer.
>
>Best regards,
>Est
--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/Forums.aspx/usa-immigration/200805/1
J. J. Farrell
>
> Thank you Joe and J J for clearing some cobwebs. Now another question
> arises. Suppose at the POE- Port of Entry, upon asked by the immigration
> officer how long the traveller wishes to be in the US he says anyone of the
> following-- 2 weeks or 3 weeks or a month and his I-94 is stamped with a six
> month entry. It means officially he can be in the US for 6 months. However,
> what if he stays there for 3 or 4 months? As he has already told the officer
> that he intends to be there for 2-3 weeks or a month.
> Will there be any issue during his subsequent visit?
There shouldn't be any problem at all. You've been authorised to stay
for 6 months, whatever your original intention. There's no problem with
changing your mind and staying longer, as long as you leave by the date
on your I-94. I think you'd technically be committing an offence if you
lied about your intentions (said two weeks when you intended to stay 6
months) and that could come back to haunt you later if it were ever
spotted (which is unlikely); but changing your mind once you've entered
is fine. The only real implication of staying longer is what it does to
your pattern of being in the USA - in essence, if you stay in longer,
you'll need to stay out for longer to minimize the risk of problems next
time.
There are two big things you mustn't do; overstay the date on your I-94,
and give the impression of trying to live in the USA rather that visit
the USA. Clearly, the more time you spend in the USA (particularly as
long individual visits rather than repeated short ones) the more you
give the impression of living there rather than visiting.
Est
Thank you J J, Paradox and others who shed light on this. Much appreciated.
Best regards,
Est
sad...@gmail.com
I was wondering if anyone can tell me whether changing visa status
from HB 4 to HB 1 is possible for people who are already living in the
US. My friend is working here in HB 1 visa, and needs to know whether
her husband (HB 4 visa) can have his status changed. If yes, how?
Best. sp
J. J. Farrell
There are no USA statuses called "HB 4" and "HB 1". Are you actually
talking about your friend being in H-1B status and her husband being
H-4? If so, then he's in the same situation as most people wanting to be
an H-1B, except that he has the advantage of already being in the USA
which makes it easier for him to find a job.
If he has the qualifications for an H-1B, then he needs to find an
employer who is prepared to sponsor him. Unless the job in question is
exempt from the H-1B cap (such as many university jobs) the employer
won't now be able to sponsor him until April 1, 2009. The application
would then go into a lottery, and if it is successful he would be able
to convert to H-1B status and start work any time after October 1, 2009.
Note that his time spent as an H-4 counts towards the limit on time
spent in H status; for example, if he spends 2 years as an H-4 then
he'll only be able to spend a maximum of 4 years as an H-1B unless he
leaves the USA for a year.
Joe Feise (Immigration)
> sad...@gmail.com wrote:
>> I was wondering if anyone can tell me whether changing visa status
>> from HB 4 to HB 1 is possible for people who are already living in the
>> US. My friend is working here in HB 1 visa, and needs to know whether
>> her husband (HB 4 visa) can have his status changed. If yes, how?
>
> There are no USA statuses called "HB 4" and "HB 1". Are you actually
> talking about your friend being in H-1B status and her husband being
> H-4? If so, then he's in the same situation as most people wanting to be
> an H-1B, except that he has the advantage of already being in the USA
> which makes it easier for him to find a job.
>
> If he has the qualifications for an H-1B, then he needs to find an
> employer who is prepared to sponsor him. Unless the job in question is
> exempt from the H-1B cap (such as many university jobs)
I have two nitpicks...
Nitpick 1: *all* university jobs that qualify for an H-1B are cap-exempt.
H-1s for "institutes of higher education," non-profit research organizations
affiliated with an institute of higher education, and government research
organizations are cap-exempt. Universities are obviously "institutes of higher
education."
> the employer
> won't now be able to sponsor him until April 1, 2009. The application
> would then go into a lottery, and if it is successful he would be able
> to convert to H-1B status and start work any time after October 1, 2009.
>
> Note that his time spent as an H-4 counts towards the limit on time
> spent in H status; for example, if he spends 2 years as an H-4 then
> he'll only be able to spend a maximum of 4 years as an H-1B unless he
> leaves the USA for a year.
Second nitpick: that's not true anymore. The H-4 and H-1B times have been
decoupled some time back.