B2 to B1 conversion on I-94

[ajayksr]

Hi there,
my friend entered US on B1/B2 visa and he was given B2 entry as he was visiting his brother. Since he is a doctor in India, he completed USMLE exams on his previous visit. Now he got a chance of observership after entering US, but hospital wants him to be on B1. How can he change B2 to B1 on I-94? Hospital suggested him to visit POE, does he need to visit same airport he entered in US? Does he need to take prior appointment to meet immigration officer? How much time it takes to get this process done?
He is a lecturer in west-indies. He can go and come back again with offer letter from hospital. In that case he will be entering on B1. Will this be a better and faster route than meeting immigration officer at POE?

 

[BigJoe5]

Hi there,
my friend entered US on B1/B2 visa and he was given B2 entry as he was visiting his brother. Since he is a doctor in India, he completed USMLE exams on his previous visit. Now he got a chance of observership after entering US, but hospital wants him to be on B1. How can he change B2 to B1 on I-94? Hospital suggested him to visit POE, does he need to visit same airport he entered in US? Does he need to take prior appointment to meet immigration officer? How much time it takes to get this process done?
He is a lecturer in west-indies. He can go and come back again with offer letter from hospital. In that case he will be entering on B1. Will this be a better and faster route than meeting immigration officer at POE?

I am having a hard time believing this question to be genuine. The only reasons I can think of to even bother thinking about whether you have B1 rather than B2 on the I-94 this is that money will change hands now (honorarium and/or expenses) and the Dr. will be seeking a change of status and adjustment of status later.

I never heard of an "Obeservership". What is that supposed to mean?

 

[Triple Citizen]

In the grander scheme of things, there is no difference between B-1 and B-2 status. What exactly will be on this offer letter? Depending on what is written on it, the Doctor may even be denied entry if the POE suspects that he is here to "work". It is open to interpretation and that can be dangerous.

He is a lecturer in west-indies. He can go and come back again with offer letter from hospital. In that case he will be entering on B1. Will this be a better and faster route than meeting immigration officer at POE?

 

[ajayksr]

I am having a hard time believing this question to be genuine. The only reasons I can think of to even bother thinking about whether you have B1 rather than B2 on the I-94 this is that money will change hands now (honorarium and/or expenses) and the Dr. will be seeking a change of status and adjustment of status later.

I never heard of an "Obeservership". What is that supposed to mean?

he went to custom and border security immigration at airport, other than POE today and put up same question with them. they have given information for changing it through USCIS by filing I-539 forms. also they suggested to leave US and come back to get it done easily.

Observership is volunteering work without salary. after clearing USMLE and before getting residency, foreign Docs use this way to gain US experience and get recommendation letter for residency. basically, they go to patients with Hospital Docs and observe and discuss about treatment. all this is done on B1, but cannot be done on B2.

Since he is working in west indies, he is flying back and will come back. Since he has offer letter in hand (stating that he is volunteering without salary) this time, I guess there should not be any problem.

Thanks for replying Bigjoe5 and Triple Citizen...

 

[BigJoe5]

he went to custom and border security immigration at airport, other than POE today and put up same question with them. they have given information for changing it through USCIS by filing I-539 forms. also they suggested to leave US and come back to get it done easily.

Observership is volunteering work without salary. after clearing USMLE and before getting residency, foreign Docs use this way to gain US experience and get recommendation letter for residency. basically, they go to patients with Hospital Docs and observe and discuss about treatment. all this is done on B1, but cannot be done on B2.

Since he is working in west indies, he is flying back and will come back. Since he has offer letter in hand (stating that he is volunteering without salary) this time, I guess there should not be any problem.

Thanks for replying Bigjoe5 and Triple Citizen...

If he has an ordinary 10 year B1/B2 visa all he needs to say is that he is coming for a business trip.

Here is some background material:

http://www.state.gov/documents/organization/87205.pdf 2 pages

http://www.state.gov/documents/organization/87206.pdf 32 pages of "notes"

Look for:

9 FAM 41.31 N10.4-1 Medical (p. 16)

9 FAM 41.31 N10.4-2 Business or Other Professional or Vocational Activities (p. 17)

9 FAM 41.31 N11 ALIENS NORMALLY CLASSIFIABLE H-1 OR H-3 (p. 18)

But especially:

9 FAM 41.31 N11.8 Medical Doctor
(CT:VISA-701; 02-15-2005)

A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on latest techniques, provided no remuneration is received from a U.S. source and no patient care is involved. Failure to pass the Foreign Medical Graduate Examination (FMGE) is irrelevant in such a case.

 

[ajayksr]

If he has an ordinary 10 year B1/B2 visa all he needs to say is that he is coming for a business trip.

Here is some background material:

http://www.state.gov/documents/organization/87205.pdf 2 pages

http://www.state.gov/documents/organization/87206.pdf 32 pages of "notes"

Look for:

9 FAM 41.31 N10.4-1 Medical (p. 16)

9 FAM 41.31 N10.4-2 Business or Other Professional or Vocational Activities (p. 17)

9 FAM 41.31 N11 ALIENS NORMALLY CLASSIFIABLE H-1 OR H-3 (p. 18)

But especially:

9 FAM 41.31 N11.8 Medical Doctor
(CT:VISA-701; 02-15-2005)

A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on latest techniques, provided no remuneration is received from a U.S. source and no patient care is involved. Failure to pass the Foreign Medical Graduate Examination (FMGE) is irrelevant in such a case.

Thanks for the information. He entered in US, showed that he is working at Carrabian Iceland and told that he is volunteering (showed letter). they granted him B1 and he has joined already.

Thank you all! Its a happy ending............