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  1. #1
    Join Date
    Jun 2009
    Posts
    7

    Default Admission Period when Entering the Country

    Hello Again,

    It used to be practice that someone with a valid work visa (E2 in my case) was admitted for a period of up to 3 years at the port of entry.
    Even if, let's say his visa actually was only valid for another 12 month.

    I know things have changed there now, but I'm not sure what the exact procedure is now.
    If I'll enter now with an E-2 that is valid until the end of 2010, will my I-94 then require me to leave by that time, too?

    I'm not sure I can get it extended that quickly, after all it requires a lot of paperwork and "proof of investment" for that.

    And what happens to my chances for future visa applications should I overstay ?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Admission Period when Entering the Country

    A visa gives you the legal right to enter the U.S.

    It does not define your duration of stay. That will be defined by your I-94.

    If you overstay, you put your future ability to enter the U.S. in jeopardy. What will happen in your case will depend upon its actual facts at that time.

  3. #3
    Join Date
    Jun 2009
    Posts
    7

    Default Re: Admission Period when Entering the Country

    Quote Quoting Mr. Knowitall
    View Post
    A visa gives you the legal right to enter the U.S.
    It does not define your duration of stay. That will be defined by your I-94.
    If you overstay, you put your future ability to enter the U.S. in jeopardy. What will happen in your case will depend upon its actual facts at that time.
    Sorry, but that cryptic reply doesn't really help me.
    As I had stated, "the facts of my case" are that my E-2 will expire by the end of this year.
    If I re-enter the US in let's say June, will my I-94 be restricted to 5-6 month then?

    It used to be the case that the INS (now ICE) officer at the port of entry just stapled a 3 year duration I-94 into my passport, regardless of how long my H1b or E-2 was valid.

    But I have been told that things have changed now and the new guidelines are more restrictive.
    All I'm trying to figure out is how restrictive they now are - I need to plan my next move here.

    Barely 5 month will most definitely not suffice to get my E-2 extended, so I could save myself the ~$10000 in lawyer's pay that this process would cost me.
    In that case maybe I shouldn't even bother accepting the whole project to begin with.

    I need some advice here that allows me to make a decision, please!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Admission Period when Entering the Country

    Cryptic? Is the issue here that English is your second language? I can't help with that, although many immigration lawyers are multilingual or can offer translation services.

  5. #5
    Join Date
    Jun 2009
    Posts
    7

    Default Re: Admission Period when Entering the Country

    Quote Quoting Mr. Knowitall
    View Post
    Cryptic? Is the issue here that English is your second language? I can't help with that, although many immigration lawyers are multilingual or can offer translation services.
    Hey, don't you get arrogant with me Mr. !

    I asked you a basic question nicely; for how long will my I-94 be issued upon entry at the border?

    And instead of anything useful you just gave a response of:
    >What will happen in your case will depend upon its actual facts at that time.<

    That's about as detailed and helpful as a press release by Homer Simpson.
    And my English is just fine, how about yours "Mr. Knowitall"?!
    Because judging from your obvious lack of knowledge, that title you gave yourself is about as truthful as a 3 dollar bill.

    Throughout my years in the States I've found one truth to be universal - whenever someone who got no clue is afraid to admit that he just can't answer your question, he starts insulting your English skills.

    Maybe that makes you feel superior, but in my eyes it just makes you look petty.
    If you don't have anything helpful to contribute, then just don't post anything at all - rather than some self-righteous two liner that doesn't provide any answer to the question at hand what-so-ever !

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