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  • B2 to E3 back to B2

    Hi everyone,

    My partner and I moved to New York from Australia in November last year with the hopes that we'd manage to stay for 12 months on our B2 visa. He was recently granted an E3 visa as he gained employment. He has been working at the new job now for a week and feels that he cannot do the work and hates it so much that he can't face another day there.

    My question is, can he quit his job, leave the country and return on his remaining time left on his original B2 visa (expires May 10th 2013)? My thoughts are that once he has returned on the B2 visa, he will be given a new I-94 with which we can then apply for the extension on the B2 visa. We are financially stable enough to stay here for the whole time on savings so money isn't the issue.

    This is all very confusing, but it seems logical to me. We are a gay couple who have been together 12 years so getting married isn't going to help our situation at this stage. Any advice is very much appreciated.

    Tayereba

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