B-1 Visa FAQs

Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once

Authored on: Tue, 09/21/2021 - 06:25

Question

What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?

Answer

Video URL

Covid-19/Coronavirus applying for B-2 status

Authored on: Tue, 07/28/2020 - 03:07

Question

I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.

Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.

My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response.
I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?

Answer

Watch the Video on this FAQ:

Covid-19/Coronavirus applying for B-2 status

Video Transcript

Reach out to your lawyers and explain to them what is happening and tell them to make sure you get copies of everything. File for your family's B-2 if your H-1 is not filed within that 60 day I-94 time. If it is filed go ahead and file another H-4 application with them. For applying for EAD under certain circumstances please click here

FAQ in detail...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

 

 

Covid Coronavirus Converting to B-1 B-2 status

Authored on: Tue, 06/09/2020 - 06:32

Question

My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)

Answer

 

Watch the Video on this FAQ:
Covid Coronavirus Converting to B-1 B-2 status and 
Covid Coronavirus H-1B denial

Video Transcript


A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

FAQ in detail...

 

 

 

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B-1/B-2 visitors visa extension

Authored on: Tue, 05/05/2020 - 01:39

Question

My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.

Answer

Watch the Video on this FAQ: B-1/B-2 visitors visa extension 


Video Transcript

There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...




Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

Authored on: Tue, 04/28/2020 - 01:39

Question

My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?

Answer

Watch the Video on this FAQ:

 

Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

 

Video Transcript:  


This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...

 
 
 
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Applying for tourist, visitors, B-1, B-2 to maintain status

Authored on: Wed, 04/22/2020 - 01:39

Question

Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.

Answer

Watch the Video on this FAQ:

Applying for tourist, visitors, B-1, B-2 to maintain status


Video Transcript:

B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that  you might have  to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...



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Tourist/Visitors visa for people with special needs or challenges

Authored on: Fri, 02/14/2020 - 00:39

Question

I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.

Answer

Watch the Video on this  FAQ: Tourist/Visitors visa for people

with special needs or challenges

Video Transcript: 

Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. FAQ in detail...



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Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions

Authored on: Tue, 07/30/2019 - 03:12

Question

My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back

Answer

Watch the Video on this FAQ:

Issues related to tourist visa/business visa (B-1-B-2) extensions


Video Transcript

As far as I know they often do require a return ticket. FAQ in detail...

 

 

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Options to Stay in the USA After Expiration of H-1B

Authored on: Wed, 05/15/2019 - 06:31

Question

1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>

2. Without a job how many days i can stay in USA before my I-94 expires using I-140?

Answer

Watch the Video on this FAQ:

Options to stay in the USA after expiration of H-1B

Video Transcript

1. I don't think you would get the tourist visa or tourist status but you can apply for it.

2. 60 days is the total time.

 

 

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Period of Maximum Stay Allowed for Tourist Visa Entrants

Authored on: Wed, 01/02/2019 - 04:15

Question

I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.

Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.

Answer

Watch the Video for this FAQ:

Period of maximum stay allowed for tourist visa entrants

Video Transcript

Preventative would be to stay less than six months each time you come or if you have stayed six months in a year then don't come back the following year. Wait another 12 months before you come back in. That would be prudent. More...

 

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Travel Outside The USA When A Case Is Pending

Authored on: Thu, 08/16/2018 - 08:26

Question

1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

Answer

Watch the Video on this FAQ: Travel outside the USA when a case is pending

Video Transcript

1. Yes, you can travel.

2. I don't know the exact local rules, but you have to go for visa stamping.

3. You should not go until the amendment is actually approved. More...

 

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Changing Status from Tourist or Business Visa (B1 or B2) Within the United States

Authored on: Tue, 10/31/2017 - 04:09

Question

Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
2) What will be the time frame to get L-1B?

Answer

Watch the Video for this FAQ: Changing status from tourist or business visa (B1 or B2) within the United States

Video Transcript

1. You should go to your home country or a third country. You can go to Canada or Mexico. B-1 and B-2 are not complex if you qualify. L-1B's are very difficult to get. Specialized knowledge employee is very difficult to get but if you qualify not a problem. 

2. Regarding time frame you can always apply through premium processing and within a few weeks, you should get your adjudication done.  More 

 

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Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait

Authored on: Thu, 08/31/2017 - 05:55

Question

I am a US permanent residence (Green card holder) working in the US. I have received my Re-entry permit which will expire in Feb 2019. I have plans to get married to a bride from India and I will be visiting India shortly. I know that to process Family based second category GC (F2A) for my wife in India can take a minimum of 2 years and I will be separated from my wife during this time. Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India. After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate. Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting the USA to see her husband if the Visa officer asks any question?

Answer

Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

Video Transcript

Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. More...


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Fraud or misrepresentation findings in visa or petition, what should you do?

Authored on: Fri, 04/21/2017 - 10:36

Question

1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?<br>
2.How to remove this Fraud charges on me?<br>
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly,
So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued

Answer

Watch the Video on this FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

Video Transcript

1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.

2. Make sure that this is not really an issue of fraud, get a lawyer don't expect immediate results. If you're lucky you might get this resolved in a few months, but it could take years. There is a waiver called 212(d)(3), you can look into that as well.

3. Basically, when you change passport, you just have to go get a new B-1/B-2 stamping done. It won't be a big issue. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Doing business in the USA on a B-1/B-2 visa

Authored on: Wed, 04/05/2017 - 00:09

Question

1. Am I allowed to travel to the USA as a B-1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?<br>
2. What kind of paperwork would I be asked to show at the port of entry?<br>
3. B-1/B-2 visa stamp is valid until 2026; Do I need to renew it every time before travelling to the US by going to the US consulate or any other office?

Answer

Watch the Video on this FAQ: Doing business in the USA on a B-1/B-2 visa


Video Transcript

1. B-1/B-2 are mixed used visas. You can do pretty much everything on these visas. <br>

2. They can ask you why you are in the USA. Remember, just because you have a visa does not mean that your entry into the USA is guaranteed. The government would still want to know why you are in the US.<br>

3. You do not have to renew your visa. It is good till 2026. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form

Does the H-1 60 days grace period apply when one quits a job?

Authored on: Thu, 03/30/2017 - 03:34

Question

1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>

2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

Answer

Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

Video Transcript

1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Entering the USA on B-1/B-2 visa to get married

Authored on: Tue, 03/07/2017 - 05:41

Question

My brother in law has got Green Card on November 2013 from Parents based. He will be getting engaged this year April 2017 in the USA with a girl who is Indian Citizen. She has B1/B2 visitor visa. So I have couple questions. If she comes to the USA and gets married here in the USA and my brother in law will fill petitioned for F2A category (on Green Card based) then will she face any issues in future while coming to the USA on B1/B2 visa?

Answer

Watch the Video on this FAQ: Entering the USA on B-1/B-2 visa to get married

Video Transcript

It is a bad idea for a bunch of reasons. The better option would be where she can apply for an F-1 visa now, especially if she has been to the USA and gone back before. Her chances of getting an F-1 is good. If they have not been formally engaged then there is a question I think in the DS-160 during the student visa which asks: is your fiance is in the USA and I don't think if you are not engaged you can say yes to that question so I think she will be ok. Her chances of getting a student visa will be good because she has been to the USA before on a tourist visa. She must enter as a bona fide good faith student. She must want to go to school. After a semester or two, if they want to get married, I think that is ok. She can continue as a student while she waits out her GC category. That is the only smart scenario I see. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Exempt from the H-1B Quota

Authored on: Sat, 05/02/2015 - 11:44

Question

I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?

Answer

In your situation when you are outside the USA, you become  exempt from the H-1 quota  when you get your visa stamped. So I think USCIS interpretation of law is faulty and  incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that  you should be exempt from the quota.

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Authored on: Wed, 03/11/2015 - 07:39

Question

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>

1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

How to Enter The USA to Start A Business And Then Continue

Authored on: Tue, 08/26/2014 - 03:23

Question

I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.

Answer

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”

To enter the USA, a B-1 visa or ESTA (Visa Waiver Program) is a good option, but you need to remember, these visas do not allow you to actually engage in income generating business yourself.  There are several impediments to what you can do.  You are, of course, allowed to enter the USA, seek a business, negotiate and/or purchase the business.  You are also allowed to incorporate and/or start a new business, including, a US branch of your business in your home country.

Read about B (the same limitations exist for ESTA entries) visas: http://www.immigration.com/visa/b-visa/b-visa-overview

 

2.  Are you already a part of or own an established business in your home country?

(a)  Yes: Look at the following options:

                                                               i.      L-1 (Intra-company transferee – visas where you have or are starting a company related to your foreign company) http://www.immigration.com/visa/l-visa/l-visa-overview

                                                             ii.      E-1 and E-2 (Treaty trader and treaty investor visas – require a treaty between your home country and the USA.  India does not have any such treaties with the USA.  http://www.immigration.com/visa/e-visa/e-visa-overview

                                                            iii.      EB-5 (These are investment-based green cards requiring investment of $500,000 or $1 Million and creation/preservation of ten American jobs over two years) http://www.immigration.com/greencard/eb5-green-card/eb-5-investment-green-card

(b)  No: Look at E-1/E-2 and EB-5 visas (links are in the previous para).

3.  Should you convert from B visa to any other visa?

Generally speaking, that is a bad idea.  Watch this video:  http://youtu.be/es4SlhcXr9E

For more information related to B visas, you can watch videos from this play list: https://www.youtube.com/playlist?list=PL13184E6EA97A1593

4.  How do you start a business in the USA:

This matter should be addressed based upon the advice you receive from legal counsel in the State where you wish to start your business.  The incorporation of foreign business entities is regulated at the state level (as opposed to the federal or national level) in the United States. The application process will vary from state-to-state.  Here is a good resource page from SBA, Small Business Administration (SBA is a US Government agency) on the types of business entities you can form in the USA.  Generally speaking, you, as a B or ESTA visitor, should be able to form any of these entities:  http://www.sba.gov/category/navigation-structure/starting-managing-business/starting-business/choose-your-business-stru

B-1 in Lieu of H-1

Authored on: Thu, 06/06/2013 - 06:47

Question

I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

Answer

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

B-1 Visa removed and cancelled by CBP

Authored on: Wed, 12/05/2012 - 00:28

Question

If a Mexican B-1 truck driver has his/her B-1 Visa removed and cancelled by CBP for a Point-to-Point violation and wants to challenge that determination, whom should that person contact at CBP?

Answer

U.S. Customs and Border Patrol (CBP) indicates that a Mexican truck driver whose B-1 visa has been cancelled by CBP for a point-to-point violation will need to discuss the issue of the cancellation with the U.S. Consulate in Mexico. If the truck driver in question is able to convince the Consular Officer that the cancellation was done in error or was otherwise not required, then the Consulate will issue the truck driver a new B-1 visa that includes an annotation stating that the truck driver has been advised of U.S. laws and regulations regarding Cabotage. Most if not all of the point-to-point cancellations are processed by Border Patrol, and there is no appeal process in place for Border Patrol cancellations. The Special Cases Office at the San Ysidro Port of Entry will only field inquiries regarding cancellations that were processed at the CBP ports of entry.

Re-entry with B-1 Visa

Authored on: Tue, 09/27/2011 - 04:50

Question

I am a UK resident and currently have a B1 visa with 7 years to run. When I enter the US via LAX they always stamp my passport and issue the I-94 card for 12 months. We always leave before the date given. Question - do we have to go back to the UK (our country of origin) or could we go to Canada for a week and then re-enter the US?

Answer

You can go to a third country, but your entry back into USA can be declined if CBP believes you are spending more time in USA than you should. Typically, B visas are for brief visits (may be six months or less in a 12-24 month period).

Visa for family to visit brother

Authored on: Mon, 07/11/2011 - 05:52

Question

I have a brother here in US who is diagnosed with cancer. I would like my mom and brother who live in India to come and visit him. What type of visa should they apply for in India and how long will it take? On which visa can they come as soon as possible.

Answer

Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.

B-2 to B-1

Authored on: Wed, 11/24/2010 - 01:56

Question

I am an IT professional who has come to the US for medical treatment on a B2. I am getting better. Since I like to constantly upgrade my skills, I found some training programs that I could attend as they are more frequent in the US than in Canada. Can I attend them on a B2? I mean I have a B1/B2 visa, but the officer marked it as B2 on the stamp on my passport at the POE. Second - I also have got an offer for a one day lecture to some technology professionals for which I might get paid. How would the folks know I worked for a day if while exiting the country there is no checking?

Answer

I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.

B1/B2 Category

Authored on: Tue, 04/06/2010 - 14:44

Question

I have already applied for the draw for the Diversity Lottery Visa for which I am eligible.If at all I dont get selected and want to make a B1/B2 application thereafter will I have to mention in the application form that I have been denied such a chance for lottery before and if I choose not to do so can the consulate people find out that this person has made such an application before.Please advise for the correct approach.

Answer

As far as I can think, you would have to reveal your DV application. Not having researched DV specifically, I can only say that generally, having applied for a green card makes getting a B visa much more difficult.

Visa for Mother in law

Authored on: Tue, 03/23/2010 - 04:53

Question

I am a U.S citizen but my husband is not yet. My mother in law has been battling cancer for a while and I would love for her to come here and get medical treatment and to just see her grandson. She is from El Salvador, is there any way for us to do that?

Answer

A B-1 visa is appropriate for medical treatment.

I have been revoked to seattle with visa B1/B2

Authored on: Fri, 01/22/2010 - 04:12

Question

Last november 11, 2009 I went to seattle for vaccation. I detained: 1-one returned ticket for may 3, 2010; 2-one electronic ticket for one mission on geneva from december 1st to 7, 2009; 3- 3books for my online MBA courses; 4- one visa B1 & B2 for 10 years issue on july 2007, 5- a letter for my employer. But when I arrive to airport the immagration office say that I came to work or study, but not for vaccation. They put me in Jail ARROUND 1 MONTH and they revoked me.
I want to know the way to make my complaint and ask to review my case. I am an international worker since 1999.

Answer

You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.

Applying for B1/B2

Authored on: Fri, 01/22/2010 - 03:05

Question

Have a pending I-130 with priority date of 26 OCt 2002 In the F2B category, now my cousin wish for me to visit her in MARYLAND, My parents and siblings live in the states and I have been denied B2 Visa befor in 2002 , but I have also travelled to the US before as a child first in 1987 and 1992 with my father. QUESTION is I have 5 Years working experience in a bank, I have travelled to the UK,FRANCE,ITALY AND SPAIN regularly on holidays in the last 3 years. What are my chances of getting a visitors visa? If my chances are not bright, I might as well forget about applying for a visitors visa.

Answer

Your chances are slim, but it is impossible to predict.

How to apply for visitors visa?

Authored on: Mon, 11/30/2009 - 03:53

Question

My mother in law would like to visit me and her grand daughter and i would like to get her a visitor visa what do i need to get that and how do i get one?

Answer

She needs to contact the US consulate closest to where she lives. Normally, they will be able to tell her what she needs to bring and what the procedure is. This information should also be available on consular web site. Most consulates also respond to e-mail enquiries.

B Visa renewal

Authored on: Thu, 11/05/2009 - 23:49

Question

I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can i get multiple visa again?

Answer

I see no reason why not.

B-1 visa for amateur singer

Authored on: Tue, 10/13/2009 - 04:40

Question

I am an amateur singer who has had an american label interested in carrying my CD's (this is my first CD, and I have never been paid for my music before). They intend on having me appear on shows on radio and tv nationally, and to do press, both by doing interviews and performing. Would I qualify to do interviews and perform for national tv shows under a B1 visa, since I am still an "amateur" singer? Or am I NOT an amateur just because a major label is carrying my CD?

Answer

In my view, a B-1 would be appropriate because you are not engaging in any employment that would take a job away from a US worker and you are not getting paid for your appearances.