Using a B1/B2 visa as a backup while on E3
May 4th 2013, 5:51 pm
#16
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Re: Using a B1/B2 visa as a backup while on E3
I've done some further reading. From what I understand, I can apply for a COS, and can remain in the US until it's been processed, but in the event that it gets denied, I would have those days counted against me in terms if time spent "out of status". This seems like an incredibly dangerous move.
For flying to Canada and back, which option do u believe would be more likely to allow for a smoother entry at the POE in the US: getting back in through B1/B2, or through a tourist VWP (available to aussies)?
In terms of making it seem legit, I could simply fly to LA and say to the officials that I want to hang out in Hollywood for a week. I could even book a flight back to Australia and everything (which I would then cancel).
Kinda annoying that I have to "game" the system, just because of a tiny minority of ppl that do abuse the system and stay for long periods when they shouldn't be there.
I don't understand how this would work. How would the Canadians know I was out of status? My passport visa would still have the same expiry date. Also, I would make sure I left before I became out of status.
May 4th 2013, 6:01 pm
#17
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Re: Using a B1/B2 visa as a backup while on E3
Because the last thing I could possibly want is to have days out of status on my record
I can't see any requirements on here that I wouldn't be able to fulfull with a tourist trip to Hollywood:
http://travel.state.gov/visa/temp/wi...hout_1990.html
Ok but my experience with databases (I am a software engineer BTW) is that the small details can often get lost.
I can't see any requirements on here that I wouldn't be able to fulfull with a tourist trip to Hollywood:
http://travel.state.gov/visa/temp/wi...hout_1990.html
Ok but my experience with databases (I am a software engineer BTW) is that the small details can often get lost.
May 4th 2013, 6:22 pm
#18
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Re: Using a B1/B2 visa as a backup while on E3
Because the last thing I could possibly want is to have days out of status on my record
I can't see any requirements on here that I wouldn't be able to fulfull with a tourist trip to Hollywood:
http://travel.state.gov/visa/temp/wi...hout_1990.html
http://travel.state.gov/visa/temp/wi...hout_1990.html
There is also at least one incorrect statement on that link.
Ok but my experience with databases (I am a software engineer BTW) is that the small details can often get lost.
May 4th 2013, 7:43 pm
#19
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Re: Using a B1/B2 visa as a backup while on E3
Kinda annoying that I have to "game" the system...
Rene
May 4th 2013, 9:20 pm
#20
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Re: Using a B1/B2 visa as a backup while on E3
May 4th 2013, 9:23 pm
#21
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Re: Using a B1/B2 visa as a backup while on E3
Any lie to a PoE is a huge black one, because they have a habit of coming back and biting you in the ass.
May 4th 2013, 9:27 pm
#22
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Re: Using a B1/B2 visa as a backup while on E3
If it came up in future interviews, it's impossible for them to know that my intention was to look for a job (unless I'm mistaken, mind-reading technology has not been invented yet).
May 5th 2013, 12:41 am
#23
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Re: Using a B1/B2 visa as a backup while on E3
The US and Canada have shared criminal databases for years, and have recently started to share their respective immigration and consular databases. For example, if your status has expired in one country, the other one will know about it. If one country refused a visa, the other one will know about it.
I would point out that, on H-1 or E-3, although you are "out of status" the moment you lose your job, you do not accumulate "unlawful presence" until USCIS or and IJ make a formal finding.
I would point out that, on H-1 or E-3, although you are "out of status" the moment you lose your job, you do not accumulate "unlawful presence" until USCIS or and IJ make a formal finding.
May 5th 2013, 1:14 am
#24
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Re: Using a B1/B2 visa as a backup while on E3
On this subject what happened to Chad Rock could be pertinent.
May 5th 2013, 1:34 am
#26
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Re: Using a B1/B2 visa as a backup while on E3
There are some visa types that are admitted for duration of status. F1 is the most common.
E3 is not amongst them. Basically the same as h1b.
E3 is not amongst them. Basically the same as h1b.
May 5th 2013, 1:35 am
#27
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Re: Using a B1/B2 visa as a backup while on E3
I would point out that, on H-1 or E-3, although you are "out of status" the moment you lose your job, you do not accumulate "unlawful presence" until your I-94 expires or USCIS or and IJ make a formal finding, whichever comes first.
Source:http://www.laborimmigration.com/wp-c...may-6-2009.pdf Page 25. (Can also be found in http://www.uscis.gov/ilink/docView/A...tml#0-0-0-1843)
Last edited by jxv73; May 5th 2013 at 1:44 am.
May 5th 2013, 1:41 am
#28
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Re: Using a B1/B2 visa as a backup while on E3
K so if I applied for a COS to B1/B2, then I would have some time even though I'd be officially "out of status", before I either got a response about whether the COS was successful, or IJ make a finding?
And then the "out of status" time would not be a problem in future interviews, since I wouldn't have actually generated any "unlawful presence"?
And then the "out of status" time would not be a problem in future interviews, since I wouldn't have actually generated any "unlawful presence"?
May 5th 2013, 1:49 am
#29
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Re: Using a B1/B2 visa as a backup while on E3
K so if I applied for a COS to B1/B2, then I would have some time even though I'd be officially "out of status", before I either got a response about whether the COS was successful, or IJ make a finding?
And then the "out of status" time would not be a problem in future interviews, since I wouldn't have actually generated any "unlawful presence"?
And then the "out of status" time would not be a problem in future interviews, since I wouldn't have actually generated any "unlawful presence"?
Only "unlawful presence" triggers the 3- or 10- year bar.
