Re entry to USA with in stamped Port of Entry Period under B1 visa

[prvn_nag]

Hi All,

Need guidance on the below query.

1. I have a 10 years multiple entry B1 visa, came to US on Oct 01 2012 and got the duration of stay till Mar 31 at the Port of Entry.
Now i have planned for coming back to India on Dec 16 2012 and need to return back to the client place on Jan 2 2013.
Do i need to go to the port of entry immigration office once when i reach US back on Jan 2 2013 and get a new stay stamped ?
Or can i just arrive to the US and without going to the immigration officer at port of entry as already i have the B1 visa with port of entry till Mar 31 2013.

2. And once when i'm back to US, my company wants to apply for a L1 B visa in US itself. I will go to India for stamping this visa got in US along for my wifes' and son's dependent visa. Can i get a L1 B visa while on B1 visit. And will there be any risks when i return back to India for the stamping of mine, my wife's and son's dependent visa.

Please provide your response. Thanks so much everybody.

[raghvi]

Hi All,

Need guidance on the below query.

1. I have a 10 years multiple entry B1 visa, came to US on Oct 01 2012 and got the duration of stay till Mar 31 at the Port of Entry.
Now i have planned for coming back to India on Dec 16 2012 and need to return back to the client place on Jan 2 2013.
Do i need to go to the port of entry immigration office once when i reach US back on Jan 2 2013 and get a new stay stamped ?
Or can i just arrive to the US and without going to the immigration officer at port of entry as already i have the B1 visa with port of entry till Mar 31 2013.

2. And once when i'm back to US, my company wants to apply for a L1 B visa in US itself. I will go to India for stamping this visa got in US along for my wifes' and son's dependent visa. Can i get a L1 B visa while on B1 visit. And will there be any risks when i return back to India for the stamping of mine, my wife's and son's dependent visa.

Please provide your response. Thanks so much everybody.

Every time you enter US you have to go through Immigration officer who will decide how long you can stay in US on that visit.

Visa only allows you to reach US immigration point. whether one is allowed into US and for how long is decided at the Port Of Entry by the immigration officer. The allowed date is generally mentioned on the I-94 which is attached to the passport. The I-94 is valid only for the current stay in US. When you leave US on Dec 16 2012 you are supposed to return this I-94 at the exit point, generally airlines officials take it off while issuing you the boarding pass for the flight outside US. If they don't take it, its your responsibility to hand it over to them as without that your exit record will not be properly updated which can lead to future problems.

When you re enter US again on 2-jan-2013, the immigration officer will again question you on the purpose of trip, duration etc and will give a date on the I-94 which will decide till when you can stay in US after 02-Jan-2013.

Nowadays, more than one visit on B1/long stays on B1 are scrutinized more heavily by the immigration officers at the POE.

If the company files a COS (Change of Status) from B1 to L1 , and if it is approved you can continue to stay in US and your current status gets converted to L1. In that case, for your spouse and dependents to join you in US they would have to go to the consulate in India get L2 stamping done and enter US.Also, if you leave US you will also have to get stamping done in order to return on L1.

If your company is filing B1 to L1 as Consular process, you will move to L1 only after getting L1 stamped in your passport at a consulate outside US .

This is my opinion not legal advice.