DV 2019 AOS Only

Interesting. So does that mean the E3 visa is technically for 3-years rather than 2? I originally got it in May 2017.
The E3 allows you to enter the US, the i94 dictates how long you can stay in the US for. The Border officers change your i94 date every time you reenter at their own whim, so you can't expect to enter the US with an expired visa, but you can stay in the US with an unexpired i94.

Confusing right?
 

SusieQQQ

Well-Known Member
The E3 allows you to enter the US, the i94 dictates how long you can stay in the US for. The Border officers change your i94 date every time you reenter at their own whim, so you can't expect to enter the US with an expired visa, but you can stay in the US with an unexpired i94.

Confusing right?
Well, it’s not a whim. It’s not confusing either. One is the right to apply to enter, the other is the authorized period of stay.
The expiry date on the visa is the date by which you must enter. The i94 reflects your authorized stay. If your visa expires on 31 May, you can still enter on 31 May. If for example what you are entering for would usually be a 6 month stay, the CBP officer authorizes you to stay for 6 month. The visa date no longer matters. It works the other way too, for example: you enter on a visa that is valid for multiple entries for 10 years. This doesn’t mean you can just stay in the US for 10 years! You also get a 6-month i94, and have to leave by the 6-month limit, even though the visa expiry is years away. Just means you can use the same visa to enter next time, and each time you enter your i94 is reset to take account of the current circumstances under which you enter. (Obviously, in the first example you’d need a new visa to enter again.)
Obviously for E, F, H etc visas your period of stay is generally much longer than 6 months.
 

SusieQQQ

Well-Known Member
Interesting. So does that mean the E3 visa is technically for 3-years rather than 2? I originally got it in May 2017.
No. The visa allows you to apply for entry. If it expires in May 2019, and you exit the US after that, you cannot use the same visa to re-enter regardless of what the period of the i94 was. The i94 period of stay resets each time you enter.
 
No. The visa allows you to apply for entry. If it expires in May 2019, and you exit the US after that, you cannot use the same visa to re-enter regardless of what the period of the i94 was. The i94 period of stay resets each time you enter.
So say I quit my job today, can I still stay in the US unemployed until my I-94 runs out? I thought I had to find a new sponsor within 10-days or I would be out of status?
 

SusieQQQ

Well-Known Member
So say I quit my job today, can I still stay in the US unemployed until my I-94 runs out? I thought I had to find a new sponsor within 10-days or I would be out of status?
Um.... no, where did I say that the visa type becomes irrelevant once you’re in the country? You have to be in the status you were admitted - the terms of the stay are dependent on the visa you were admitted in. That’s all part of the “authorized stay” of the i94. You can’t for example get admitted as a tourist and then decide to work and say it’s ok because your i94 is still valid, or enter on a student visa and then just decide to stop studying.
 
Um.... no, where did I say that the visa type becomes irrelevant once you’re in the country? You have to be in the status you were admitted - the terms of the stay are dependent on the visa you were admitted in. That’s all part of the “authorized stay” of the i94. You can’t for example get admitted as a tourist and then decide to work and say it’s ok because your i94 is still valid, or enter on a student visa and then just decide to stop studying.
So despite the I-94 ending in May 2020, I have to leave the country by May 2019 (when my visa ends) if I don't get a new visa or green card?
 

SusieQQQ

Well-Known Member
So despite the I-94 ending in May 2020, I have to leave the country by May 2019 (when my visa ends) if I don't get a new visa or green card?
No. There is nothing anyone posted that said you need to leave when the visa itself expires. Everyone has told you it is the i94 that matters now (provided of course that you adhere to the rules of the status you were admitted in).
 
No. There is nothing anyone posted that said you need to leave when the visa itself expires. Everyone has told you it is the i94 that matters now (provided of course that you adhere to the rules of the status you were admitted in).
I'm being told that:

1. I can stay in the country after my visa expires up until the point on my i-94 (although my visa type does not become irrelevant once I enter the country)
2. I cannot quit my job now because that would invalidate my visa
3. I can't work after my visa expires (as expected)

Wouldn't staying after the visa expires invalidate my status? This is confusing lol.
 

SusieQQQ

Well-Known Member
I'm being told that:

1. I can stay in the country after my visa expires up until the point on my i-94 (although my visa type does not become irrelevant once I enter the country)
2. I cannot quit my job now because that would invalidate my visa
3. I can't work after my visa expires (as expected)

Wouldn't staying after the visa expires invalidate my status? This is confusing lol.
1. You were told that your visa type determines your status (that is why the visa type is not irrelevant)
2. No, because it invalidates your status (not your visa)
3. Nope, after your status (not your visa) expires.

And no, staying after your visa expires does not invalidate your status. As you have been repeatedly told by a number of posters.

I’m beginning to feel like I’m being trolled here. Surely you wouldn’t move halfway across the world to work without understanding the conditions of your visa and what it means?
 
1. You were told that your visa type determines your status (that is why the visa type is not irrelevant)
2. No, because it invalidates your status (not your visa)
3. Nope, after your status (not your visa) expires.

And no, staying after your visa expires does not invalidate your status. As you have been repeatedly told by a number of posters.

I’m beginning to feel like I’m being trolled here. Surely you wouldn’t move halfway across the world to work without understanding the conditions of your visa and what it means?
I think I'm just going to book another consultation with an immigration lawyer. This is becoming a little hostile and I'm even more confused now.
 
Dear PhilR,

Here is another take on it:
Regarding the I-94 date; as long as you respect the conditions of your visa you can remain in the us until the end date of the I-94, even if it is after your Visa end date. However, you won't be able to enter the US after May 2019 on this particular visa because it will be past its validity.
The I-94 is set by the Immigration Officer every time you enter the US based on the Visa you present, so if the IO sets a date in 2020, instead of 2019, so be it.
You can stay until 2020, but don't leave the US or quit your job.

Kr
 
Dear PhilR,

Here is another take on it:
Regarding the I-94 date; as long as you respect the conditions of your visa you can remain in the us until the end date of the I-94, even if it is after your Visa end date. However, you won't be able to enter the US after May 2019 on this particular visa because it will be past its validity.
The I-94 is set by the Immigration Officer every time you enter the US based on the Visa you present, so if the IO sets a date in 2020, instead of 2019, so be it.
You can stay until 2020, but don't leave the US or quit your job.

Kr
Thank you! I have always assumed that I need to get out before my visa expires. Looking at different sites, it seems every site says something different about whether I can work between June 2019 - May 2020 on my current status.

This site for instances has multiple people on one thread stating contradictory information lol http://forum.murthy.com/topic/119546-e3-visa-renewal/

My AOS should kick in before all of this so I should have my green card, but just wanted to plan for eventualities.
 
Well, it’s not a whim.
Perhaps not, but when I and my friends all travel internationally all the time, and some come back with i-94s well beyond 2 years from entry, a random amount of months / days into the future beyond the visa expiry, or the visa expiry date its self, only to have the date completely change again upon the next entry, you can see why I say it seems like a whim.


Sorry to confuse you even further with my post Phil.
 
Hi, Mom, I have a question please about AoS petitioners:

how much time does it usually take from the moment where your case number becomes current and your Interview appointment notice?

Thank you
 

Sm1smom

Super Moderator
Hi, Mom, I have a question please about AoS petitioners:

how much time does it usually take from the moment where your case number becomes current and your Interview appointment notice?

Thank you
Processing timeline varies - it depends on several factors such as the FO’s workload, background check completion (some FOs will schedule the interview while background check is pending, some will wait on its completion before scheduling), chargeability country, etc.

On average, it takes most people like 4 months. You should take a look at the timeline spreadsheets though to get a better on your applicable FOs processing of DV based AOS petitions.
 
Processing timeline varies - it depends on several factors such as the FO’s workload, background check completion (some FOs will schedule the interview while background check is pending, some will wait on its completion before scheduling), chargeability country, etc.

On average, it takes most people like 4 months. You should take a look at the timeline spreadsheets though to get a better on your applicable FOs processing of DV based AOS petitions.
Yes it’s still valid for now.
I got you Mom.

Thank you.
 
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