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  • B1 visa length of stay

    My query is about period of stay on Business Visa.
    I need to attend a training program in the US for a period of just a bit more than 3 months. I also want to visit some of the places as a tourist so my stay will be about 4 months.

    1>Will I be allowed to stay for more than 3 months say get a stamp of about 6 months at the port of entry?
    2>In case I need to stay for a period of more than 6 months can I apply for
    extension in such a case?
    3>Also after departing from US to India I may need to come back to US on Business purpose.How long can I stay out of India in US in a year?
    4>Will going for multiple entries in US on B1/B2 visa in a short period of time hamper my applications for conversion to H1B?
    5>Will I be denied entry into US for multiple entries ina short period of time for considerably long stays?
    Last edited by sujaym; 05-13-2008, 03:45 PM.

  • #2
    1>Will I be allowed to stay for more than 3 months say get a stamp of about 6 months at the port of entry? That is up to the POE Officer, but most likely you should be granted 6 months.

    2>In case I need to stay for a period of more than 6 months can I apply for
    extension in such a case? You should not, unless it is an emergency. Or you could lose your visa

    3>Also after departing from US to India I may need to come back to US on Business purpose.How long can I stay out of India in US in a year? You should not spend more time in the USA vs your home country in 1 year.

    4>Will going for multiple entries in US on B1/B2 visa in a short period of time hamper my applications for conversion to H1B? Could be, if this ends up in your visa being cancelled because suspected immigrant intent.

    5>Will I be denied entry into US for multiple entries ina short period of time for considerably long stays? Very likely. You must have sound and determined plans for business trips... not just randomly visiting the USA for long stays. Either way, you should not spend more time in the USA than in home country in any 12 month rolling window. Taking 4 trips to USA, 1 month each is OK. --- taking 3 trips to the USA, of 3 months each... is NOT OK.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Comment


    • #3
      Thank You PraetorianXI.

      1>I am actually contracted to a small LLC company as a consultant for 6 months .I will be undergoing a training for 3 months as also provide advice to the company after that.
      I need to work with them for 9-10 months starting from June 08 so that at least my advice and consultancy is useful.

      Could there be any other type of Visa which can help me in this venture and stay for 9-10 months?

      2>The company may want to give me some stakes too thus making me a business partner.
      But I need to show commitment for longer periods,stay there and work.
      Considering the case of owning stakes and being a partner in the business can I apply for any other kind of visa?

      If the business proves fruitful they will apply for H1B visa.But getting H1B visa looks impossible for this fiscal year as I haven't applied in April and the cap has been reached in 5 days only.

      Thanks in advance.

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      • #4
        You can not work on a B1 in the USA, certainly not being in their US payroll. Also you can not stay for more than 6 months at a time. (unless filing for a justified extension, and an extension in order to "work more" will land you a denial and deportation).

        Your only chance is H1 or L1 visas. I recommend you get some sound advice from a lawyer before you continue. Like I said, you can not work in the USA under a B1 visa.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          No. I am not going to be on anyone's payroll while in US.

          Thanks for the advice.

          Comment


          • #6
            Can I Stay more than 3 months on B1

            i94 says 6months but is it recommended to stay more than 3 month in a single stretch. I hear that it might have impact when we come next time or when we apply for L1 or H1. Any help would be aprreciated. Thanks!!

            Comment

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