help!!!!!!!!!!!!!!!!!!

[maheshdoc1]

my friend is in US on visitors visa which is for 1 1/2 month.the INS has given him leave to remain in this country till april 4 i.e for 3 months.can anyone give some advice how to extend his visa or his leave to remain for a longer period.is there any way that he could do to extend as soon as possible.

can anyone also tell him whether it is legal to stay in US when his visa is for 1 1/2 month and his leave to remain is till april.

i hope somebody wil give me some advice as soon as possibe.

 

[Aibolit]

The duration of authorized stay is determined by the expiration date on I-94 and not visa (one can enter US even on the last day of visa validity). In order to extend stay your friend will need to submit I-539 to USCIS before expiration of I-94. After timely submitted I-539 he/she can legally stay in the US until decision is made by USCIS. If the decision takes longer than 6 months beyond expiration of I-94, it may be wise to leave the US to avoid 3-year ban on entry in the future.

 

[hadron]

Filing an 'extension of status' request with a B1/B2 visa can lead to trouble later on when obtaining other non-immigrant visas. USCIS and the consulates don't like it too much if people try to stay extended periods on visitors visas. If you have months upon months to spend as a 'visitor' in another country, in their eyes it raises the question whether you are truly attached to your home country. Generally, it is safer to return for a couple of months and then to return anew on the visitors visa.

 

[maheshdoc1]

thank you all for the advice

but i have one more question regarding him.if he goes back to india and applies for a visitors visa,what are his chances of getting a visitors visa from there provided he goes back before the expiration of the I-94.

 

[hadron]

I don't know what the consulates/embassy in india do, but my folks have multiple entry visitors visa which by now they use for 7 or 8 years. Unless they gave your friend a single entry B1/B2, he can return to the US anytime after he returns to india. Returning well within the alloted timeframe is a factor weighed in your favor if you apply for readmission. Key is to avoid the impression that you spend more time IN the US than OUT. So, going back in march and coming back in june is probably ok. Going back to india on march 3rd and applying for readmission on the 5th might raise that suspicion.

I am suprised they only gave him 3 months, the standard length for admission is 6 months (if you give a certain return date, sometimes they limit the length of stay to that date).