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Visa question.

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Old Jul 10th 2003, 8:15 pm
  #1  
Chris
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Default Visa question.

what's the maximum duration of stay for a B1/B2 3 & 6 month visas?
also how many times I can extend the duration of stay & does the
extension require the visa to be still valid ?
 
Old Jul 11th 2003, 1:58 am
  #2  
Ray
 
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Default Re: Visa question.

Originally posted by Chris
what's the maximum duration of stay for a B1/B2 3 & 6 month visas?
also how many times I can extend the duration of stay & does the
extension require the visa to be still valid ?
Those entering on visitor B visas will generally be granted 6 months leave to remain on entry. It may be possible to obtain one six-month extension to the visit visa as long as the person will be maintaining visitor status, and there are very good reasons to do so.
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Old Jul 11th 2003, 6:24 am
  #3  
Ingo Pakleppa
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Default Re: Visa question.

On Fri, 11 Jul 2003 01:15:06 -0700, Chris wrote:

    > what's the maximum duration of stay for a B1/B2 3 & 6 month visas?

The maximum duration of stay is independent of how long the B1/B2 visa is
valid. The decision is up to the individual inspector at the airport or
port of entry where you arrive. They are supposed to always admit you for
six months unless there is a specific reason to admit you for a shorter
(or, rarely, longer) period. However, I hear that despite regulations to
the contrary, many people now are admitted only for 30 days.

    > also how many times I can extend the duration of stay & does the
    > extension require the visa to be still valid ?

The visa only needs to be valid on the day you arrive in the US. Your
passport still needs to be valid until six months past your day of
departure (or, for some countries, it's enough if the passport is valid
until your departure).

You can extend your stay as many times as you like. However, do be aware
that BCIS is likely to deny extensions eventually. Typically, they approve
the first extension easily. Second and subsequent extensions are very
difficult to get approved, though - but it can be done as long as you have
a good reason and evidence that you will indeed be leaving the US.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 11th 2003, 11:36 am
  #4  
Chris
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Default Re: Visa question.

Dear Ingo,
thanks so much for the informative reply.
I read in the web site of the BCIS the following under section
214.2(b)

""(1) General. Any B-1 visitor for business or B-2 visitor for
pleasure may be admitted for not more than one year and may be granted
extensions of temporary stay in increments of not more than six months
each, except that alien members of a religious denomination coming
temporarily and solely to do missionary work in behalf of a religious
denomination may be granted extensions of not more than one year each,
provided that such work does not involve the selling of articles or
the solicitation or acceptance of donations. Those B-1 and B-2
visitors admitted pursuant to the waiver provided at Sec. 212.1(e) of
this chapter may be admitted to and stay on Guam for a period not to
exceed fifteen days and are not eligible for extensions of stay.
(Paragraph (b)(1) revised 1/1/94; 58 FR 69210)

(2) Minimum six month admissions. Any B - 2 visitor who is found
otherwise admissible and is issued a Form I - 94, will be admitted for
a minimum period of six months, regardless of whether less time is
requested, provided, that any required passport is valid as specified
in section 212(a)(26) of the Act. Exceptions to the minimum six month
admission may be made only in individual cases upon the specific
approval of the district director for good cause. ""

so, this means that I can get an initial duration of stay for 1 year..
if I'll have a good documented purpose & have the financial ability;
like enrollment in a professional training & volunteer research work
for 1 year at medical institutions in the US, can I get this 1-year
duration of stay on my 6 month or 3 month B1/B2 visa.

also, if I need an extension beyond that,at the time of requesting the
extension my Visa (3 or 6 month visa) will be expired, can I still
file for an extension... It's mentioned at the BCIS web site under the
faq's section that to be eligible for extension,the following"
"You may apply to extend your stay if you were lawfully admitted into
the United States with a nonimmigrant visa, your nonimmigrant visa
status remains valid, and you have not committed any crimes that would
make you ineligible. "
so what does it mean to have a "valid visa status" ?? is it the visa
itself or the duration of stay ??

thanks so much for the assistance.. I know my long long posts are so
annoying. : )
 
Old Jul 11th 2003, 1:48 pm
  #5  
Ingo Pakleppa
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Posts: n/a
Default Re: Visa question.

On Fri, 11 Jul 2003 16:36:30 -0700, Chris wrote:

    > Dear Ingo,
    > thanks so much for the informative reply. I read in the web site of the
    > BCIS the following under section 214.2(b)
    >
    > so, this means that I can get an initial duration of stay for 1 year..

Yes, in theory that is correct. I didn't mention it because the practice
is somewhat different. You have to have a VERY good reason to actually get
admitted for one year. If you simply show up at the airport and say
"please give me one year instead of six months" all you are going to do is
invite questions, and the risk of denied admission is considerable.

    > if I'll have a good documented purpose & have the financial ability;
    > like enrollment in a professional training & volunteer research work for
    > 1 year at medical institutions in the US, can I get this 1-year duration
    > of stay on my 6 month or 3 month B1/B2 visa.

Not likely. It sounds to me that you would be denied admission because the
purpose of your visit is likely not consistent with a B-1/B-2.
Professional training usually requires either an M-1 or a J-1 visa.

    > also, if I need an extension beyond that,at the time of requesting the
    > extension my Visa (3 or 6 month visa) will be expired, can I still file
    > for an extension...

Yes, no problem here.

    > It's mentioned at the BCIS web site under the faq's section that to be
    > eligible for extension,the following"
    > "You may apply to extend your stay if you were lawfully admitted into
    > the United States with a nonimmigrant visa, your nonimmigrant visa
    > status remains valid, and you have not committed any crimes that would
    > make you ineligible. "
    > so what does it mean to have a "valid visa status" ?? is it the visa
    > itself or the duration of stay ??

I wish they had phrased it differently. They are talking about the status;
it actually has nothing to do with the visa!

    > thanks so much for the assistance.. I know my long long posts are so
    > annoying. : )

Not at all. Especially not if you visit my photo site (I am using my posts
as advertisement of the prints that I'm selling, after all!)

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 13th 2003, 1:32 am
  #6  
Chris
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Posts: n/a
Default Re: Visa question.

Dear Ingo,
thanks so much for your replies. I visited your web site, nice photos
there man ! may be I'll buy a couple of your photos one day ; )

well,concerning the visa inquiry,I wanna ask about some points;
1- the training I'm talking about is consistant with a B visa,
actually,the institutions asked for a B1 visa to be eligible to attend
this training.
2- can I change my status from B to H1B or F1 visa while I'm in the US
(without returning to my home country) like If I got a job offer which
sponsors an H1 visa, or if I decided to be enrolled in a graduate
study program which needs F1 visa.
the following is mentioned in the BCIS web site:

"(7) Enrollment in a course of study prohibited. An alien who is
admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or
after April 12, 2002, or who files a request to extend the period of
authorized stay in B-1 or B-2 nonimmigrant status on or after such
date, violates the conditions of his or her B-1 or B-2 status if the
alien enrolls in a course of study. Such an alien who desires to
enroll in a course of study must either obtain an F-1 or M-1
nonimmigrant visa from a consular officer abroad and seek readmission
to the United States, or apply for and obtain a change of status under
section 248 of the Act and 8 CFR part 248. The alien may not enroll in
the course of study until the Service has admitted the alien as an F-1
or M-1 nonimmigrant or has approved the alien's application under part
248 of this chapter and changed the alien's status to that of an F-1
or M-1 nonimmigrant. (Added 4/12/02; 67 FR 18062) "

I guess this means that I can apply for a change of status to an F1
visa even if I didn't mentioning at the port of entry that I'm a
"prospective student".
in other words, I entered the country for a certain purpose then I
decided to attend a graduate school,can I change to student visa or
I'll have to apply again from my home country ? also what about the H1
visa ?

what do u think ?
best regards.
Chris.
 
Old Jul 13th 2003, 4:22 pm
  #7  
Ingo Pakleppa
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Posts: n/a
Default Re: Visa question.

Your interpretation is correct: if you want to change to F-1, you have to
file a change of status and wait for it to be approved before you can
start studying. Plus, the change of status will be denied unless you
declared upon entry that you intend to change to F-1.

As for H-1B: the burden is less onerous here. You can file a change of
status to H-1B without a major problem, as long as the quota hasn't run
out. I am saying "major problem" because BCIS does frown upon doing this,
especially if you do it very soon after arriving on a B-1.

As for whether a B-1 is appropriate or not: that is up to the consulate
and the BCBP officer to decide.

On Sun, 13 Jul 2003 06:32:50 -0700, Chris wrote:

    > Dear Ingo,
    > thanks so much for your replies. I visited your web site, nice photos
    > there man ! may be I'll buy a couple of your photos one day ; )
    >
    > well,concerning the visa inquiry,I wanna ask about some points; 1- the
    > training I'm talking about is consistant with a B visa, actually,the
    > institutions asked for a B1 visa to be eligible to attend this training.
    > 2- can I change my status from B to H1B or F1 visa while I'm in the US
    > (without returning to my home country) like If I got a job offer which
    > sponsors an H1 visa, or if I decided to be enrolled in a graduate study
    > program which needs F1 visa.
    > the following is mentioned in the BCIS web site:
    >
    > "(7) Enrollment in a course of study prohibited. An alien who is
    > admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after
    > April 12, 2002, or who files a request to extend the period of
    > authorized stay in B-1 or B-2 nonimmigrant status on or after such date,
    > violates the conditions of his or her B-1 or B-2 status if the alien
    > enrolls in a course of study. Such an alien who desires to enroll in a
    > course of study must either obtain an F-1 or M-1 nonimmigrant visa from
    > a consular officer abroad and seek readmission to the United States, or
    > apply for and obtain a change of status under section 248 of the Act and
    > 8 CFR part 248. The alien may not enroll in the course of study until
    > the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has
    > approved the alien's application under part 248 of this chapter and
    > changed the alien's status to that of an F-1 or M-1 nonimmigrant. (Added
    > 4/12/02; 67 FR 18062) "
    >
    > I guess this means that I can apply for a change of status to an F1 visa
    > even if I didn't mentioning at the port of entry that I'm a "prospective
    > student".
    > in other words, I entered the country for a certain purpose then I
    > decided to attend a graduate school,can I change to student visa or I'll
    > have to apply again from my home country ? also what about the H1 visa ?
    >
    > what do u think ?
    > best regards.
    > Chris.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 14th 2003, 6:18 am
  #8  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Visa question.

"Ingo Pakleppa" wrote in message
news[email protected]...

    > Your interpretation is correct: if you want to change to F-1, you have to
    > file a change of status and wait for it to be approved before you can
    > start studying. Plus, the change of status will be denied unless you
    > declared upon entry that you intend to change to F-1.

Ingo, remember -- this requirement to declare the intent to change to F-1 is
only a ****proposed**** law, not a law which is in effect. See
http://www.nafsa.org/content/Profess...es/pa2002C.htm.

This is not to say that the change from B-2 to F-1 has a good chance. It
may not. However, the denial will not be based on the law concerning the
failure upon entry to declare intent to change to F-1.

    > As for H-1B: the burden is less onerous here. You can file a change of
    > status to H-1B without a major problem, as long as the quota hasn't run
    > out. I am saying "major problem" because BCIS does frown upon doing this,
    > especially if you do it very soon after arriving on a B-1.
    > As for whether a B-1 is appropriate or not: that is up to the consulate
    > and the BCBP officer to decide.
    > On Sun, 13 Jul 2003 06:32:50 -0700, Chris wrote:
    > > Dear Ingo,
    > > thanks so much for your replies. I visited your web site, nice photos
    > > there man ! may be I'll buy a couple of your photos one day ; )
    > >
    > > well,concerning the visa inquiry,I wanna ask about some points; 1- the
    > > training I'm talking about is consistant with a B visa, actually,the
    > > institutions asked for a B1 visa to be eligible to attend this training.
    > > 2- can I change my status from B to H1B or F1 visa while I'm in the US
    > > (without returning to my home country) like If I got a job offer which
    > > sponsors an H1 visa, or if I decided to be enrolled in a graduate study
    > > program which needs F1 visa.
    > > the following is mentioned in the BCIS web site:
    > >
    > > "(7) Enrollment in a course of study prohibited. An alien who is
    > > admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after
    > > April 12, 2002, or who files a request to extend the period of
    > > authorized stay in B-1 or B-2 nonimmigrant status on or after such date,
    > > violates the conditions of his or her B-1 or B-2 status if the alien
    > > enrolls in a course of study. Such an alien who desires to enroll in a
    > > course of study must either obtain an F-1 or M-1 nonimmigrant visa from
    > > a consular officer abroad and seek readmission to the United States, or
    > > apply for and obtain a change of status under section 248 of the Act and
    > > 8 CFR part 248. The alien may not enroll in the course of study until
    > > the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has
    > > approved the alien's application under part 248 of this chapter and
    > > changed the alien's status to that of an F-1 or M-1 nonimmigrant. (Added
    > > 4/12/02; 67 FR 18062) "
    > >
    > > I guess this means that I can apply for a change of status to an F1 visa
    > > even if I didn't mentioning at the port of entry that I'm a "prospective
    > > student".

Yes, I think that is correct.

    > > in other words, I entered the country for a certain purpose then I
    > > decided to attend a graduate school,can I change to student visa or I'll
    > > have to apply again from my home country ?

You are eligible to apply to change. That is not prohibited by law. In
general, for the last many many years, such an application may have quite a
low change of success. The main thing you have to show, to maximize your
chances of success, is that you did not intend to go to school when you
entered the U.S. There should have been a lapse of at least 60 days, and 90
days is better, between your entry and the *first* step that you took toward
getting admitted to an academic program in a school.

also what about the H1 visa ?

This is not such a big problem, but there still should have been a lapse of
60 to 90 days between your entry and your first step toward getting the job
offer which is the basis for the H-1B.
 
Old Jul 14th 2003, 7:58 pm
  #9  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Visa question.

On Mon, 14 Jul 2003 11:18:17 -0700, Sylvia Ottemoeller wrote:

    >
    > "Ingo Pakleppa" wrote in message
    > news[email protected]...
    >
    >> Your interpretation is correct: if you want to change to F-1, you have to
    >> file a change of status and wait for it to be approved before you can
    >> start studying. Plus, the change of status will be denied unless you
    >> declared upon entry that you intend to change to F-1.
    >
    > Ingo, remember -- this requirement to declare the intent to change to F-1 is
    > only a ****proposed**** law, not a law which is in effect. See
    > http://www.nafsa.org/content/Profess...es/pa2002C.htm.

I'm not sure if I completely agree with you. Technically, you are correct
(and I was mistaken about that), but it seems that INS/BCIS clandestinely
implemented the proposed rule anyway, at least to a large extent. There
have been a number of reports, for instance, of B-2s only being admitted
for 30 days instead of the six months right at the first-line inspection.

    > This is not to say that the change from B-2 to F-1 has a good chance. It
    > may not. However, the denial will not be based on the law concerning the
    > failure upon entry to declare intent to change to F-1.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 14th 2003, 10:57 pm
  #10  
Chris
Guest
 
Posts: n/a
Default Re: Visa question.

"Sylvia Ottemoeller" wrote in message news:...
    > "Ingo Pakleppa" wrote in message
    > news[email protected]...
    >
    > > Your interpretation is correct: if you want to change to F-1, you have to
    > > file a change of status and wait for it to be approved before you can
    > > start studying. Plus, the change of status will be denied unless you
    > > declared upon entry that you intend to change to F-1.
    >
    > Ingo, remember -- this requirement to declare the intent to change to F-1 is
    > only a ****proposed**** law, not a law which is in effect. See
    > http://www.nafsa.org/content/Profess...es/pa2002C.htm.
    >
    > This is not to say that the change from B-2 to F-1 has a good chance. It
    > may not. However, the denial will not be based on the law concerning the
    > failure upon entry to declare intent to change to F-1.
    >

what are other reasons for such denial ??
 
Old Jul 15th 2003, 6:30 am
  #11  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Visa question.

"Ingo Pakleppa" wrote in message
news[email protected]...

    > On Mon, 14 Jul 2003 11:18:17 -0700, Sylvia Ottemoeller wrote:

    > > "Ingo Pakleppa" wrote in message
    > > news[email protected]...
    > >
    > >> Your interpretation is correct: if you want to change to F-1, you have
to
    > >> file a change of status and wait for it to be approved before you can
    > >> start studying. Plus, the change of status will be denied unless you
    > >> declared upon entry that you intend to change to F-1.
    > >
    > > Ingo, remember -- this requirement to declare the intent to change to
F-1 is
    > > only a ****proposed**** law, not a law which is in effect. See
http://www.nafsa.org/content/Profess...es/pa2002C.htm.
    > I'm not sure if I completely agree with you. Technically, you are correct
    > (and I was mistaken about that), but it seems that INS/BCIS clandestinely
    > implemented the proposed rule anyway, at least to a large extent. There
    > have been a number of reports, for instance, of B-2s only being admitted
    > for 30 days instead of the six months right at the first-line inspection.

There was more than one provision in the proposed rule. One provision would
prohibit non-immigrants admitted in B visitor status from changing to
student status unless they state an intention to study at the time of
admission.

Another provision would eliminate the minimum 6-month admission period for
B-2 non-immigrant visitors, and instead base the admission period on the
amount of time needed to accomplish the purpose of the trip (in many cases
30 days).

A third provision would reduce the maximum initial admission period for all
B non-immigrant visitors from one year to six months; and a fourth would
limit the conditions for which an extension of stay in B non-immigrant
visitor status can be granted and reduce the maximum length of that
extension.

At that time, around April 2002, I also heard reports of B-2 holders being
admitted for unusually short periods like 30 days; I've heard no such
reports recently. So you may be right; certain BCIS officers apparently
began to follow the proposed rule.

However, I have never heard of an application to change from B-2 to F-1
being denied based purely on the failure to state an intention to study at
the time of admission.

I have seen you answer this question (about the B to F change) in this way
before, and I would ask you to consider referring to the *general
difficulty* of changing from B-2 to F-1, which has *always* been true,
rather than to a provision in a proposed rule which is not in effect.

    > > This is not to say that the change from B-2 to F-1 has a good chance.
It
    > > may not. However, the denial will not be based on the law concerning
the
    > > failure upon entry to declare intent to change to F-1.
 
Old Jul 15th 2003, 6:32 am
  #12  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Visa question.

"Chris" wrote in message
news:[email protected]...

    > "Sylvia Ottemoeller" wrote in message
news:...

    > > "Ingo Pakleppa" wrote in message
    > > news[email protected]...

    > > > Your interpretation is correct: if you want to change to F-1, you have
to
    > > > file a change of status and wait for it to be approved before you can
    > > > start studying. Plus, the change of status will be denied unless you
    > > > declared upon entry that you intend to change to F-1.
    > >
    > > Ingo, remember -- this requirement to declare the intent to change to
F-1 is
    > > only a ****proposed**** law, not a law which is in effect. See
    > >
http://www.nafsa.org/content/Profess...es/pa2002C.htm.
    > >
    > > This is not to say that the change from B-2 to F-1 has a good chance.
It
    > > may not. However, the denial will not be based on the law concerning
the
    > > failure upon entry to declare intent to change to F-1.

    > what are other reasons for such denial ??

Preconceived intent to study while using a B-2 visa to enter the U.S.; and
lack of the requisite ties to the home country, that is, immigrant intent.
 
Old Jul 16th 2003, 1:49 am
  #13  
Jay Kay
Guest
 
Posts: n/a
Default Re: Visa question.

On Tue, 15 Jul 2003 11:30:50 -0700, "Sylvia Ottemoeller"
wrote:

    >"Ingo Pakleppa" wrote in message
    >news[email protected]...
    >> On Mon, 14 Jul 2003 11:18:17 -0700, Sylvia Ottemoeller wrote:
    >> > "Ingo Pakleppa" wrote in message
    >> > news[email protected]...
    >> >
    >> >> Your interpretation is correct: if you want to change to F-1, you have
    >to
    >> >> file a change of status and wait for it to be approved before you can
    >> >> start studying. Plus, the change of status will be denied unless you
    >> >> declared upon entry that you intend to change to F-1.
    >> >
    >> > Ingo, remember -- this requirement to declare the intent to change to
    >F-1 is
    >> > only a ****proposed**** law, not a law which is in effect. See
    >http://www.nafsa.org/content/Profess...es/pa2002C.htm.
    >> I'm not sure if I completely agree with you. Technically, you are correct
    >> (and I was mistaken about that), but it seems that INS/BCIS clandestinely
    >> implemented the proposed rule anyway, at least to a large extent. There
    >> have been a number of reports, for instance, of B-2s only being admitted
    >> for 30 days instead of the six months right at the first-line inspection.
    >There was more than one provision in the proposed rule. One provision would
    >prohibit non-immigrants admitted in B visitor status from changing to
    >student status unless they state an intention to study at the time of
    >admission.
    >Another provision would eliminate the minimum 6-month admission period for
    >B-2 non-immigrant visitors, and instead base the admission period on the
    >amount of time needed to accomplish the purpose of the trip (in many cases
    >30 days).
    >A third provision would reduce the maximum initial admission period for all
    >B non-immigrant visitors from one year to six months; and a fourth would
    >limit the conditions for which an extension of stay in B non-immigrant
    >visitor status can be granted and reduce the maximum length of that
    >extension.
    >At that time, around April 2002, I also heard reports of B-2 holders being
    >admitted for unusually short periods like 30 days; I've heard no such
    >reports recently. So you may be right; certain BCIS officers apparently
    >began to follow the proposed rule.
    >However, I have never heard of an application to change from B-2 to F-1
    >being denied based purely on the failure to state an intention to study at
    >the time of admission.
    >I have seen you answer this question (about the B to F change) in this way
    >before, and I would ask you to consider referring to the *general
    >difficulty* of changing from B-2 to F-1, which has *always* been true,
    >rather than to a provision in a proposed rule which is not in effect.
    >> > This is not to say that the change from B-2 to F-1 has a good chance.
    >It
    >> > may not. However, the denial will not be based on the law concerning
    >the
    >> > failure upon entry to declare intent to change to F-1.

What are the chances of the 30-day limit also be imposed on recent
holders of 10-year multiple-entry B1/B2 visas?

I ask because I am travelling to the USA next month to investigate a
few schools on the west coast that I wish to study a MBA at from fall
2004 - my proposed trip is for two and a half weeks but I might want
to stay on longer and visit some extra schools on the east coast and
do some travelling/sightseeing at the same time.

What do I at the POE - hope for 6 months entry or tell them of my
intended plans? And if I only get a 3 week entry regardless of whether
I tell them or not - will it be easy enough to extend my stay?

The last time I was travelled to the USA was in March 2003 and I got a
6-month entry with no questions asked even though I was only going for
2 weeks.

Thanks
 
Old Jul 16th 2003, 7:23 am
  #14  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Visa question.

On Wed, 16 Jul 2003 15:49:14 +0200, Jay Kay wrote:

    > What are the chances of the 30-day limit also be imposed on recent
    > holders of 10-year multiple-entry B1/B2 visas?

It seems that BCBP is very inconsistent. Probably some airports use 30 day
default, others use 6 months. I remember somebody fairly recently, maybe
four weeks ago, posting a note saying that he still only got 30 days in
the first-line inspection even though his return ticket was later and he
told the inspector. Unfortunately, I have no information on which airports
do what. And of course I don't even know if it really depends on the
airport; that, too, is just conjecture.

When you arrive, it would be very nice if you could post which airport you
used, whether you got the full six months or not, and whether you had to
go to secondary inspections (where they always were able to impose
different times; only the first-line inspectors are bound by the 30 day or
6 month policies).

    > I ask because I am travelling to the USA next month to investigate a few
    > schools on the west coast that I wish to study a MBA at from fall 2004 -
    > my proposed trip is for two and a half weeks but I might want to stay on
    > longer and visit some extra schools on the east coast and do some
    > travelling/sightseeing at the same time.
    >
    > What do I at the POE - hope for 6 months entry or tell them of my
    > intended plans? And if I only get a 3 week entry regardless of whether I
    > tell them or not - will it be easy enough to extend my stay?

Extending your stay should be fairly easy. File form I-539 before the end
of the approved stay. Send it certified mail, return receipt requested, to
have proof of filing. Also keep a copy of everything you send (and do not
send any originals. Legacy INS never updated the instructions for the
form, but it is OK to send a photocopy of the I-94 and your passport). You
will then continue to be in status until BCIS gets around to deciding your
case.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 16th 2003, 7:18 pm
  #15  
Jay Kay
Guest
 
Posts: n/a
Default Re: Visa question.

On Wed, 16 Jul 2003 12:23:44 -0700, Ingo Pakleppa
wrote:

    >On Wed, 16 Jul 2003 15:49:14 +0200, Jay Kay wrote:
    >> What are the chances of the 30-day limit also be imposed on recent
    >> holders of 10-year multiple-entry B1/B2 visas?
    >It seems that BCBP is very inconsistent. Probably some airports use 30 day
    >default, others use 6 months. I remember somebody fairly recently, maybe
    >four weeks ago, posting a note saying that he still only got 30 days in
    >the first-line inspection even though his return ticket was later and he
    >told the inspector. Unfortunately, I have no information on which airports
    >do what. And of course I don't even know if it really depends on the
    >airport; that, too, is just conjecture.
    >When you arrive, it would be very nice if you could post which airport you
    >used, whether you got the full six months or not, and whether you had to
    >go to secondary inspections (where they always were able to impose
    >different times; only the first-line inspectors are bound by the 30 day or
    >6 month policies).
    >> I ask because I am travelling to the USA next month to investigate a few
    >> schools on the west coast that I wish to study a MBA at from fall 2004 -
    >> my proposed trip is for two and a half weeks but I might want to stay on
    >> longer and visit some extra schools on the east coast and do some
    >> travelling/sightseeing at the same time.
    >>
    >> What do I at the POE - hope for 6 months entry or tell them of my
    >> intended plans? And if I only get a 3 week entry regardless of whether I
    >> tell them or not - will it be easy enough to extend my stay?
    >Extending your stay should be fairly easy. File form I-539 before the end
    >of the approved stay. Send it certified mail, return receipt requested, to
    >have proof of filing. Also keep a copy of everything you send (and do not
    >send any originals. Legacy INS never updated the instructions for the
    >form, but it is OK to send a photocopy of the I-94 and your passport). You
    >will then continue to be in status until BCIS gets around to deciding your
    >case.

Thanks Ingo,

If by chance I do not get the 6-month entry and I have to file for an
extension, are the reasons for me wanting to extend my stay good
enough for an extension to be granted?
And how long on average does it take to process the extension?

The last time that I travelled to the USA I entered at Atlanta where I
was given 6-months entry. The time before that when I travelled to the
US I entered at Denver and was given the entry valid until my return
flight.
 


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