B1 Visa - per year limit!

M

masstab

New Member
Hi,

I`m in need of an information and I thank you those who will give me any advice. I am currently in US with a B1 visa, sponsored by a foreign company (Italian). I began to enter the US for business purpose with this Visa in January 2005, and last year I entered and left the US about 10 times, staying an average of 20/22 days per stay. This makes a total of more than 200 days in the US. Few days ago, in february 2006, the officer at the custom told me that this is too much time for the visa I have, he let me come in but generically told me that I will have problems. I was very surprised because I never overstayed at each stay, and I did not know there was a per year limit. The foreign company I work for does not have a stable organization in the US, so, I can`t really change the Visa I have, and at the same time I need to keep coming in the US for work. Also, since I have been admitted at a business graduate school in US for a classs beginning sept. 2006, I will soon apply for a student VISA, and I am very worried that my B1 situation could jeopardize the possibility to obtain my new student VISA in the next months. the homeland security department, as a suggestion, told me it would be a good idea not to show up myself for a while in US...but everything looks so unclear and undefined...Any help, suggestion, similar experience? Do I risk serious problems, even regarding my coming application as a student (to lose the opportunity to go to the graduate school I was admitted to for this problem would be a great loss...).

Thanks!
 
masstab said:
Hi,

I`m in need of an information and I thank you those who will give me any advice. I am currently in US with a B1 visa, sponsored by a foreign company (Italian). I began to enter the US for business purpose with this Visa in January 2005, and last year I entered and left the US about 10 times, staying an average of 20/22 days per stay. This makes a total of more than 200 days in the US. Few days ago, in february 2006, the officer at the custom told me that this is too much time for the visa I have, he let me come in but generically told me that I will have problems. I was very surprised because I never overstayed at each stay, and I did not know there was a per year limit. The foreign company I work for does not have a stable organization in the US, so, I can`t really change the Visa I have, and at the same time I need to keep coming in the US for work. Also, since I have been admitted at a business graduate school in US for a classs beginning sept. 2006, I will soon apply for a student VISA, and I am very worried that my B1 situation could jeopardize the possibility to obtain my new student VISA in the next months. the homeland security department, as a suggestion, told me it would be a good idea not to show up myself for a while in US...but everything looks so unclear and undefined...Any help, suggestion, similar experience? Do I risk serious problems, even regarding my coming application as a student (to lose the opportunity to go to the graduate school I was admitted to for this problem would be a great loss...).

Thanks!
Click to expand...

You defiantly have problems. A B1/B2 visa allows the holder to spend up to six months in the US. If you spend more then 180 days in any 12 month period you are an intending immigrant.

You currently spend more time in the US then in your home country. You are no longer a visitor.

If you want to be a student, then your company may want to get another employee up to speed on what your doing and have them come and do it, so you can spend some time in your home country.

Your chances of getting a student visa, while still good, may be jeopardized, if we refuse your entry on the B1 and that is a definite possibility.
 
Thanks a lot for your comment.
I left the country since custom`s complain (beginning of march 06) and will not enter till end of august 06, when I will have the new student visa. Hope this is enough.

I have also been suggested to declare my income to IRS, because the law says that if you stay for whatever reason more than 183 days in the US, you should declare taxes (and hopefully not to pay anything because my country has a tax agreement with US to avoid double taxation). I will declare my taxes to be perfectly alligned to IRS regulation.

Would doing this influence anyhow my future immigration or taxes have nothing to do with immigration?

Thanks again for your kind comment.
 
I am not aware of per year limit on an B1/B2 visa. B1/B2 holders can spend more than 180 days in the US with appropriate I-94 and/or aprroved extensions for status. You are likely to be considered a resident for tax purposes if you spent more than 183 days in the tax year (combined with "fractional" days from prev two years). A resident is taxed on worldwide income. This 183 days rule for tax does not apply to certain visa holders like F1/J1 student etc).

If you stay more time in the US than in your home country, then it raises doubt that you intend to reside in the US permanently, and for future visits your I-94 could be limited to short periods of time, and the CBP officer can also deny you admission into the US (since visa does not gaurantee entry). Just go for the F1 visa, and come in as a student, and do not do any side business work while studying as that could be construed as unauthorized employment.
 
You must log in or register to reply here.
Top