gingersnaps

Hey everyone,

So, back to applying for another visa, bleugh!

Myself and my partner are currently in the US, him on a J1 exchange visa, and myself on a B2 cohabiting. My B2 visa specifically states in black and white it is accompanying my partner on his J1. He is currently now in the process of applying for his H1B visa.

I had originally thought I would apply for an extension on my current B2 VISA, but after thinking about it in more depth, I'm thinking I may need to re-apply for a separate B2 cohabiting visa, which will state I am accompanying my partner on his soon to be H1B?

Would this be correct? Has anyone had experience with this before? Thanks!

jeffreyhy

Your visa is a travel document, which allows a carrier to bring you to the USA so that you can request entry. I sense that you, like so many people, are conflating visa with immigration status.

You are in the USA in B2 status, as should be indicated on your I-94 - a non-immigrant for pleasure purposes. Did the CBP officer make any notations on or near the entry stamp to indicate the special circumstance that the purpose of your visit is cohabitation with your partner, and that he is (or was at the time) in J1 status?

If your allowed period of stay in the USA, as indicated on your I-94, is running out you need to apply to USCIS to extend your stay.

Regards, JEff

gingersnaps

Hi Jeff,

My visa which was placed in my passport at the Embassy states that I am on this particular visa to accompany my partner during his stay on his J1 visa. So I believe I will need to re-apply for a separate B2 cohabiting as his J1 visa will no longer be valid, he will at that time be on his new H1B.

My visa is not yet due to expire no, it doesn't infact expire until November this year. He is now in the process of applying for his H1B and we will return to the UK together later this year to apply for new visas.

Noorah101

We are asking about the I-94 expiration date, not the B-2 visa expiration date. What is the date on your I-94? That is the date by which you must either leave the USA or apply for an extension.

Rene

gingersnaps

The date on my I94 is November

Noorah101

November xx, 2013?

If so, then you don't have to take any action until November xx, 2013.

Rene

jeffreyhy

I believe that is not the case. When does the visa really expire? Regards, JEff

gingersnaps

Hi Jeff,

I'm confused by what you mean? My visa I received from the embassy was for one year. When I entered the US in December last year the officer gave me a one year stamp therefore my I94 states I must leave by the end of November 2013. And my visa placed in my passport from the embassy states it is accompanying my partner on his J1.

Noorah101

I think it would be helpful if you give exact dates instead of saying "November" or "1 year".

What is the date your current B-2 visa will expire? Month, day, year.

What is the date your current I-94 will expire? Month, day, year.

Either way, you do not have to leave the USA until the expiration date on the I-94. It does not matter if HIS status changes during that time, YOU are allowed to stay in the USA until the expiration date on your I-94.

If your actual visa expires, you will need a new visa if you leave the USA and want to return. And yes, I agree the visa should be annotated with the correct verbage...i.e. if he's no longer on a J-1 but is on an H1B, then you should get a new visa with a new annotation.

Rene

gingersnaps

Thank you Rene. I know when i should be and will be leaving the USA so do not require this information. The rest of the information you have given me has been very helpful. Thanks again

jeffreyhy

Yes, I agree with this - when issuing a new visa it should and almost certainly will have an appropriate annotation.

What I'm still not certain about is when the visa expires. Like you, I wish the OP would tell us the calendar date.

Regards, JEff