I have a friend from Poland that is trying to stay in the US past the
one extension she was granted on her B1 Visa.
The details are as follows:
- She had a J1 Visa with an issue date of April 27, 2004 with an
expiration date of Sept 10, 2004.
- She originally entered the US for the 1st time on May 10, 2004 on this J1 Visa.
- She stayed until Sept 5, 2004 on this J1 Visa.
- She then obtained a B1 Visa with an issue date of Oct 18, 2004 and
an expiration date of Oct 17, 2005.
- She entered the US for the 2nd time on November 3, 2004.
- At the time of the 2nd entry, she was informed that she could stay
for 6 months in the US, until May 2, 2005.
- Before this May 2nd date, she applied for an extension so she could
stay an additional 6 months.
- She received this 6 month extension, but the time period approved
was for May 1, 2005 until Nov 1, 2005. The postmark of the letter she
received that informed her of this extension was Nov 2, 2005, one day
after the end of her 6 month extension expired.
- When she applied for the extension, she was under the impression
that any extension of time would start from the expiration date of her
B1 Visa, which was Oct 17, 2005, NOT the end of her initial 6 month
stay, which was May 2, 2005.
- After receiving the authorization of her 6 month extension, and
seeing that it had already expired, she wrote a letter requesting the
6 month extension be applied from the expiration date of her B1 Visa.
- She called the USCIS office in Vermont on 1/4/05 and the person she
spoke with there said that only 1 extension is granted and that since
the extension she received expired on Nov 2, 2005 she was to have
understood that she had a maximum of 180 days from this day to remain
in the US legally.
- The USCIS representative also stated that it was advisable for her
not to stay the full 180 day limit if she planned on returning to the
US.
My friend would like to remain in the US legally and has the following questions:
1) Her B1 Visa expired on October 17, 2005, is she still her legally?
If so, at one point does she become illegal?
2) What options does she have right now to remain in the US?
3) Can she extend her B1 Visa again or change to another type of Visa,
such as a student visa? (She has finished 2 years of university in
Poland and would like to finish her education in the US)
4) An employer is willing to sponser her right now, can she begin the
application process for an H1B Visa or a Greencard? If so, which one
is preferable to apply for and why?
In answering the questions above, the goal is for her to stay in the
US, without having to exit and come back, and simultaneously procure
paperwork for her that ensures she is here legally. If she must exit
the US to remain legal, 5) when can she return and what Visa status
should she return under? |
