B1/B2 Extension - on a 1 year visa?

K

Kaws

New Member
Hi,

I am a UK citizen doing voluntary work for a non-profit in the US. I was given a multiple entry B1/B2 visa that was valid from April 2014 - April 2015. I am working with this non for profit for the whole time. I went back to the UK for 3 weeks and re entered with the same B1/B2 visa on 15th January.

So I have been in the US April - December, and then out for three weeks and back January - with my visa currently expiring on 8th April 2014.

I have been offered another six month voluntary work with the non-profit company if I am able to stay. The company are covering my expenses but I receive no financial remuneration.

Is it worth trying to apply for a B1 extension. Do I have time between now and April when I would otherwise have to leave?

Am I even eligible for an extension as I have been here for the best part of a year already. Is there a more relevant visa for someone doing charity work? Does my visa count from first entry April 2014 or my most recent entry January 2015?

Please advise.
 
First of all, a U.S. "visa" is only for entry to the U.S. Its expiration date is the last day you can enter on that visa. The visa expiration date has no bearing on how long you can stay. How long you can stay is decided by your I-94, which is filled out by the immigration officer each time you enter. In the past two years, for people entering by air the I-94 is electronic, which means you don't have a paper copy. You can look up and print out your I-94 here if you need to. Usually, the I-94 expiration date is also stamped below the entry stamp in your passport for convenience. People entering on B1 can be given a duration of stay of up to 1 year, depending on the specifics of your business in the U.S. So your stay could potentially be up to January 2016, or it could potentially be expiring earlier than you think; you have to get the I-94 expiration date to tell.

Yes, before your status expires you can always file for Extension of Status, for up to 6 months at a time. Whether you will be approved is impossible for anyone to say. The processing time for Extension of Status applications is several months, so if you file close to the time when your status expires, and you only need one or two more months of additional time, chances are that you will leave before they even decide on the application, at which point it becomes moot. You are authorized to stay in the U.S. while your Extension of Status application is pending, even if you go out of status.
 
Ok I checked my I-94. It will expire on the 8th April 2015. So if I apply for a six month extension I can hopefully stay here until 8th October to complete my charity work.

So if I apply for an extension now (more than 45 days before I need it) what happens if I haven't heard back by the 8th April? This seems possible. If I get denied my visa extension application and I have stayed on after the 8th April and I don't find out until after the 8th April it has been denied does that mean I have illegally overstayed? I don't want to do this.

Would it be wise to go back to the UK and re apply for a a new B1 visa then? Although I have only been in the US for Jan - April 2015 this visit, my previous visit under the same B1 visa was April 2014 - December 2014. I had to renew my UK passport in the 3 weeks I was back in the UK so I re-entered with a new passport number with my visa in my old passport.

Will my previous visit under my old passport but same visa count against my visa extension this time? I was engaged in voluntary work for this non-profit for the whole time of all these stays. I have a letter form them confirmed they will cover my expenses including return flight, but not pay me. I have my own personal savings and I am currently subletting but still renting my house back in the UK.
 
You will almost certainly not hear back from it in 45 days. The processing time is 2-3 months. When you file on time (they receive the application before your status expires), you are legally staying in the U.S. as long as the application is pending. So for example, if they receive your application a few days before your status expires, and it takes 3 months to process it, you will legally stay for about 3 months after your status expires regardless of what the decision is. If you get denied, you are only considered to have overstayed starting from the date of the denial.

You could leave the U.S. and come back shortly before your visa expires. They may give you 6 months of duration of stay; but they may give you less time given that you have been in the U.S. a lot recently. The decision is up to the individual immigration officer, and there is no predictable pattern. You could of course get another visa, but having another visa does not really influence how much duration of stay they give you when you enter, because that is mostly decided based on things like how much you have been to the U.S. recently, which do not change if you get a new visa.
 
Ok So i have completed and filed online for an extension. I did it with more than 45 days before my status expires. Does that now mean I am safe and legal to stay here until I hear back from them?
 
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