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Business Visa - B1 - Query regarding Extension

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  • Business Visa - B1 - Query regarding Extension

    Hi,

    I'm in US in B1. I94 was issued for 3months, because it was initially estimated that i will be in US only for two month. Unfortunately the projects/requirements are getting delayed from Indian counterpart and now there is a need to extend my stay for another two/three months (apart from initial three months).

    I was here already for three months (during the beginning of the year) and have again visited for three months and now looking for extension.....I left to India in June 19th and entered US again on 13th July, with gap of three weeks in between the first and this trip.

    Does my extension lead to problems and unnecessary questions while applying for long term visa, says L1 or H1, please clarify.

    Thanks,
    Kartik.

  • #2
    YES. This is a BAD idea.

    You are planning to spend 9 months out of 12 in the USA... and your "gap" was definitely WAY to short. It appears to me that you are illegally working in the USA and your extension will be denied along with your visa cancelled. You may want to re-think this...

    You were already given a restricted I94 (anything but 6 months is restricted) and it would be a bad idea to file for extension.
    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.

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    • #3
      Karthik - I can't see any problem in this as this happens to many members.Staying more than 6 months in US doesn't mean that you are working here.There are so many huge projects which requires more time( some times even 9-10 months) for onsite study as requirements will be changing from time to time.

      But ensure that you should not extend your I94 from within US itself, as this will have a negative impact on your future entries & visas.So go back to India & come back whenever you want and ensure to have minimum 3 weeks time b/n the trips and you can have a max of 3 trips(x months for 3 times = xx months<12 months) in a year.

      Hope this info may be useful to you.

      nJoy.
      bye
      nanda

      Comment


      • #4
        B-1

        Yes, this is a problem, and it's a bad idea.

        By virtue of the fact that the CBP officers limited your stay to 3 months, you are already on notice that they had serious concerns regarding your intentions.

        The advice to stay outside the USA for a minimum of 3 weeks is just nonsense. Whether you have been outside the USA for 1, 2, 3, or 9 weeks doesn't matter -- it will still be considered a short period of time in comparison to the total periods of time that you are spending in the United States.

        You should on no account assume that you'll be readmitted as a temporary visitor for business under the circumstances you've described. Under U.S. immigration law, an applicant for admission as a temporary visitor is presumed to be an intending immigrant, and you have the burden of proof of overcoming that presumption. Remember -- the CBP officer doesn't have to prove that you are an intending immigrant in order to find you inadmissible -- you have to prove that you are NOT an intending immigrant and that you are eligible to be admitted as a temporary visitor.

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