I94 and residency interviews?

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drkpp

Registered Users (C)
hi,

i am a doctor and have a 10yrs b1/b2 multiple entry visa.
my I94 is valid upto nov. 30th. but my problem is that i have to stay here for interview calls which happen only in the month of dec., jan, feb.

so my question is: is it wise to leave the country and come back in a 2-3 weeks? or should i leave the hope of a residency this year and come back next year at the same time?

thanx
 
How long did you stay on your B1/B2 so far ?

Don't leave on nov 30th. Leave now and try to schedule your interviews for nov/dec. It is about appearing reasonable to the customs officer. Staying for 5 months 1 day, leaving and returning 3 days later might cast doubt on your 'attachment' to your home country. Staying 3 months, leaving and returning after 2 months has less potential of getting you into trouble (I used to go back and forth to the states on a b1/b2 a couple of times every year. But because my time outside of the country was longer than my time inside, I guess they figured I was likely to return every time)

Don't apply for an extension of stay on the B1/B2. They are frequently denied and reflect badly on you when you apply for admission in a non-immigrant category later on.

Consider enrolling in a college (it could be Kaplan courses if you still have a USMLE to go for). A college can give you an I20 form which allows you to apply for a change of status to F1. In F1 status you have plenty of time to interview, it is also not a big problem to change from F1 to H1 or J1.

DO NOT UNDER ANY CIRCUMSTANCES OVERSTAY YOUR B1/B2. You seem to be reasonable, but some people are not. It used to be no problem to overstay a visa for a couple of weeks. Nowadays, this would in all likelihood destroy your future in the US.
 
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re thanx

thanx for that quick reply. :) really appreciate it.

the situation is such that i have been in u.s for now 2 months. but have step2ck scheduled for the month of october and step2 cs in nov.

so am in a real fix!!!

regarding the kaplan course, F1 is the students visa, right? do i have to go back to inda and get it or can it be done here in U.S?

if the F1 is rejected what about the validity of my existing B1/B2?
 
You can apply for a change of status (COS) to student a visa while being in the US. It is important to be past 30-60 days on the visitors visa before one takes steps to get a student visa (otherwise CIS might decide that your intent was not to come here as a tourist on B2 but rather as a student and might invalidate the B1/B2 status).

If the COS to F1 is rejected before your I94 expires, nothing bad will happen. You are still in status and you will have to leave before the I94 expires. While the COS is pending I believe you are allowed to stay in the country, however if it is subsequently denied you are in trouble. So, go and check on the respective processing center websites to find out how long the processing of a COS will take and plan you steps accordingly.

Your problem is a common one. Mostly for people who try to do all the steps and the interviewing in one trip. I know folks who did the Kaplan F1 thing and used the extra time to complete their interviews. It doesn't come cheap though. You have to proove that you have enough funds to sustain yourself in the US while staying here on a F1, and that tends to be the bottleneck.
 
B1/B2 visas were commonly provided with the 'Indefinite' status. Several years ago the Dept of State revoked that indefinite status; most officers will stamp over the visa 'Cancelled without Prejudice'. So... imho, do not rely on using your B1/B2 visa to get back in! It could very well be cancelled upon arrival, and you may be denied entry, period.
 
so what are you suggesing littlewig. you want me to ovey stay?????
that sounds like just the wrong thing to do!!!!!!
 
to hadron

i had a doubt- i have a girl whom i want to get married and she is on a h1b and workin for a software company.
do u think it cld be of some use to me if i get married to her in a couple of months.
originally i was planning to get married after i finish my residency.

thanx drkpp
 
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