Stay Limited on B2 visa

#1
I'm a permanent resident. My wife has a B2 visa (multiple entry). She had to travel outside the US due to a family emergency. This time they wrote "Stay Limited" on her I-94. She was given 3 months on her I-94.

Questions:
1. Can we apply for an extension for her B2?
2. Can she switch to another type of visa (F1/H1B) from within the USA
if she gets a job or offer from a school?
Thanks.
 
#2
Are you crazy? She has already been flagged as a possible abuser of her B2 visa. Do you want to have it revoked by proving that she is living illegally in the US as a B2?

With your status, she does not qualify for F1.

She should leave before the date on her I-94 and apply for H1B stamping from outside the US since she cannot remain legally until an Oct 1 start date.
 
#4
Thank you both for your responses.
Questions for Concerned4us:
1. Why do you say that she doesn't qualify for F1.
2. I know that the H1B fiscal year starts on Oct 1. However if she gets a job offer and files for H1b (before her I-94 expires), can she stay in the US until the H1B goes through?
 

Triple Citizen

Registered Users (C)
#5
A1: F-1 status or visa needs the applicant to overcome 214(b). Having a spouse who is an LPR makes it very unlikely to happen.
A2: Yes

1. Why do you say that she doesn't qualify for F1.
2. I know that the H1B fiscal year starts on Oct 1. However if she gets a job offer and files for H1b (before her I-94 expires), can she stay in the US until the H1B goes through?
 

hazelickes

Registered Users (C)
#6
Why don't you try to sponsor a green card for your wife. It is safe even if it is going to take some time, so that you might not worry about the extension on visa.
 

Triple Citizen

Registered Users (C)
#7
Assuming the OP has not already done that, that will further reduce chances of the wife being granted entry as a visitor. However if they plan to live together in the US down the road, then the only option is to apply for her GC.

Why don't you try to sponsor a green card for your wife. It is safe even if it is going to take some time, so that you might not worry about the extension on visa.
 

Nancy Mervin

Registered Users (C)
#8
Lawful Permanent Residents who got married after obtaining a Green Card must file a Form I-130 Immigrant Petition on behalf of their spouse in order to sponsor them for Lawful Permanent Resident (Green Card) status.
 
#11
similar incident took place with me, can you please tell me know if they gave you entry on your next visit to USA? if yes, how much gap you kept from your last visit.
 
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